IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1031 OF 2009 IN SUIT NO.560 OF 2007 Jitendra D. Domadia & Ors. ....Plaintiffs V/s. Manhar P.Khadawala & Ors. ....Defendants And Mahendra C. Bhutala ....Applicant Mr.Vinod B. Singh for the Plaintiffs. Mr.E.K. Sasidharan for the Applicant. Ms.K.C. Nichani i/b Amit Seth for Defendant Nos.1 and 10. CORAM : S.J. VAZIFDAR, J. DATE : 23RD NOVEMBER, 2009. P.C. :- 1. The suit is filed for a declaration that the properties referred to therein are the properties of a partnership firm M/s.Vishal Agro Developers. The Defendants dispute the same alleging that the properties are held by them in their individual capacity and the same does not constitute part of the partnership assets. 2. The suit is filed amongst the partners of the said firm inter-se. The Applicant claims to have a 20% share not in the firm but in the property in his individual capacity. The Applicant’s cause of action is therefore entirely different from the cause of action in the suit. In any event, the Applicant would have to adopt proceedings for establishing his alleged right. The same cannot be done in this suit. Needless to add that any orders, passed in this suit will not and cannot affect the Applicant’s rights, if any. 3. With the above clarification, the Chamber Summons is dismissed.