1 CHS452.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 452 OF 2010 IN SUIT NO. 296 OF 2009 Vivek Ganesh Bhartu. ... Plaintiff. V/s. Manoharlal H. Ahuja and Anr. ... Defendants. Ms. Prachi Tatake for the Plaintiff. Mr. Y.R. Mishra for Defendant 1. Mr. Neveille Mukerji i/b. M/s. Wadia Ghandy & Co. for Defendant No.2 CORAM : R.Y. GANOO, J. DATED : 15th JULY 2010. P.C. :- The Plaintiff has instituted the Suit against Defendant No.2 for specific performance of agreement dated 2nd April 2008. Defendant No.2 was inducted in the premises without a permission of the Plaintiff, and after the agreement therefore, Defendant No.2 was already joined as party Defendant. After the filing of the Suit, Defendant No.3 who happens to be the mother of Defendant No.1 was joined as a party Defendant. It has now come to the knowledge of the Plaintiff that 2 CHS452.10.sxw Defendant No.1 executed a Deed in favour of Defendant No.3 after the Agreement for Sale was executed and thereafter, Defendant No.3 has executed a Deed of Transfer in favour of Defendant No.2 being Deed of Transfer dated 6th October 2008. These two transactions are hampering the rights of the Plaintiff to get decree of specific performance and unless these two transactions are declared as null and void, the Plaintiff is unable to get a decree for specific performance. 2. Learned Counsel for Defendant No.1 submitted that the Plaintiff was aware of these two transactions much earlier and even at the time when the first amendment was carried out and therefore, this amendment should not be granted. Learned Counsel for Defendant No.2 submitted that he had entered into transaction without notice. 3. After having considered the facts and the point involved, the Plaintiff will have to be given a chance to amend the plaint. It will be of course open for the Defendants to contest the claim of the Plaintiff. The Chamber Summons is required to be granted in order to dissolve the dispute between the parties. 3 CHS452.10.sxw 4. Hence, following order is passed :- (i) The Chamber Summons is made absolute in terms of prayer clause (a). (ii) There shall be no order as to costs. 5. The Plaintiff to carry out amendment on or before 31st July 2010. Serve upon the Defendants amended plaint on or before 18th August 2010. The Defendants are permitted to file additional written statement and contest the claim put up by the Plaintiff as merely because the amendment is granted. The Court has not accepted the case of the Plaintiff. (R.Y. GANOO, J.)