abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 568 OF 2008 IN SUIT NO. 896 OF 2008 Bhatia Constructions Pvt. Ltd. .. Plaintiff V/s Parmukhrai Manilal Desai & Anr. .. Defendants Mr.Clive D’Souza for the applicant. Ms.Leena Desai i/b Wadia Ghandy & Co. for the plaintiff. Mr.J.C. Chinoy i/b Mr.S.Malik for the defendants. CORAM : D.G. KARNIK, J. DATE : 23RD APRIL 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the parties. 2. By this chamber summons, the applicant, Mr.Bharat Merchant, prays for being joined as party to the suit. - 2 - 3. The plaintiff has filed the suit for specific performance of the agreement for sale dated 7th February 2004 which has been executed in their favour by the executors of the will of late Lilavati Chotalal Merchant (for short "Lilavati"). According to the applicant, he is a beneficiary under the will of Lilavati and the property cannot be sold without his consent. Learned counsel for the plaintiff submits that under the will the tenanted property can be sold without the consent of the applicant and only the bungalow cannot be sold without the consent of the applicant. At this stage, and only for the purpose of this chamber summons, it is not disputed that part of the property in respect of which relief for specific performance is sought cannot be sold without the consent of the Mr.Bharat. 4. In view of the fact that prima facie the applicant has a right to object to the sale of part of the property in respect of which specific performance is claimed and which cannot be sold without the consent of the applicant, the applicant is a necessary party to the suit. In the circumstances, the chamber summons is allowed in terms of prayer (a). The plaintiff shall carry out the amendment within one week. - 3 - 5. Learned counsel for the plaintiff waives service of the chamber summons. 6. Chamber summons is disposed of. (D.G. KARNIK, J.)