1 WP 3817/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3817 OF 2011 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Vivek Salunkhe for the petitioner. CORAM : D.G. KARNIK, J DATE : 20TH JULY 2011 P.C. : 1. The petitioner claims to be a third party. In a suit filed by respondent nos.1 to 3 against the remaining respondents for specific performance of an agreement of sale of the suit property, the petitioner appeared and applied for being joined as a party to the suit. 2 WP 3817/2011 2. Counsel for the petitioner states that the petitioner claims independent right in the property and therefore he is a necessary party to the suit. 3. In my view in a suit for specific performance, the petitioner who claims to have an independent right in the property is not a necessary or proper party. The suit for specific performance cannot be converted into a suit for title on the basis of an application made by a third party who claims an independent right in the property. It is open to him to establish his right in the property by means of a separate suit if he so desires. No error can be found in the decision of the trial Court rejecting the application for joining him as a third party. Writ petition is rejected summarily. (D.G. KARNIK, J.)