: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.487 OF 2007 IN SUIT NO.2831 OF 2006 Kamala Ashish Tower Co-op. Housing Society Ltd. ....Plaintiff V/s. M/s.Arpana Development Corpn. ....Defendant And M/s.Bhoomi Homes ....Respondent Mr.S.K. Jain for the Plaintiff. Mr.Rajesh Kachare for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 4TH AUGUST, 2008. P.C. : 1. The application for adjournment by the Plaintiff is rejected in view of the order I intend passing. 2. The Chamber Summons is taken out for amendment of the plaint by impleading the Respondent as a party Defendant and by seeking certain reliefs against the newly added Defendant. 3. After the suit was filed the Notice of Motion has been taken out. At the ad-interim stage, the advocate for Defendant No.1 made a statement that the property had been sold to a third party. This was recorded by an order dated 4.10.2006. By the said : 2 : order, Defendant No.1 was directed not to deal with the property and to furnish the details of the alleged sale. It is now stated on behalf of all the Defendants that only a development agreement has been entered into with the Respondent. The agreement has been furnished by the Defendant to the Plaintiff. It is in these circumstances that the present Chamber Summons has been taken out to implead the Respondent. It was contended that the Plaintiff has no right, title and/or interest in respect of the portion of the land in respect whereof the Defendant has entered into a development agreement with the Respondent. It is not necessary for me to consider various submissions in this regard at this stage. It would be necessary to consider these questions on merits. Further even the other averments in the plaint regarding demolition of the wall requires the presence of the Respondent. The Respondent’s rights would be affected by any orders that may be passed in the suit or interlocutory proceedings therein. Understandably the Respondents refused to make a statement that they would abide by the orders in the above proceedings even if they were not impleaded. 4. In the circumstances, the Chamber Summons is made absolute in terms of prayers (a) and (b). The amendment to be carried out within two weeks from : 3 : today. The amendment shall be without prejudice to the interlocutory applications and orders.