mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1381 of 2007 IN SUIT NO.3262 of 2003 Smt.Sushma Parsuram Kunekar .. Plaintiff versus Kashinath Jagannath Patil & ors. .. Defendants And Shankar M. Patel .. Applicant. ... Ms.Deepa Chavan i/b M/s.Haresh Mehta & Co. for the plaintiff. Ms.N.S. Moily for the applicant. Mr.Sandesh Deshpande for defendant nos.2 and 3. CORAM : D.G.KARNIK, J DATED : 20th June 2008 P.C.: 1. This Chamber Summons is taken out by a stranger in a suit filed by the plaintiff for administration of the estate of late Jagannath Patil. Plaintiff claims to be one of the heirs of Jagannath Patil and the defendants are the other heirs of Jagannath Patil. 2. According to the applicants, one of the properties of which an administration and partition is sought did not belong to Jagannath Patil but applicant is the owner of the suit property. If so, obviously, the decree for administration and partition would not be binding on him. He cannot be joined as party to the suit merely because he claims a title to the property. It is open to the applicant to establish his right as and when he is sought to be evicted and his title is sought to be impeached. In a suit for administration, he is not a necessary party. In the circumstances, chamber summons is dismissed. (D.G. KARNIK, J)