- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS No. 515 OF 2009 IN SUIT No. 941 OF 2007 Noorjahan Saeed Dawood, through her C.A. Rafik Abu Baker Memon ... Plaintiff Vs. Sajid Y. Kantharria & Ors. ... Defendants And Abdussamad Haji Adam & Anr. ... Applicants *** Ms. Mamta Sodh i/b Bonatwala & Co., for the Plaintiff. Ms. Savina Bongera i/b Anil R. Mishra, for Defendant Nos. 1 to 5 Mr. Shrivardhan Deshpande i/b Negandhi Shah & Himaytullah for applicant No.1. Mr. M. C. Hegde, for applicant No.2. *** CORAM : S. J. VAZIFDAR, J. DATE : SEPTEMBER 30, 2009. PC :- 1. The name of applicant No.1 is allowed to be deleted from the Chamber Summons. 2. The applicant seeks to be impleaded as a defendant in the suit on the ground that the plaintiff has wrongly claimed an interest in the properties, some of which belong to the applicant - 2 - and/or wherein the applicant has a right. 3. The suit is filed for the administration of the estate of the plaintiff’s father. Defendant No.1 is the plaintiff’s brother, defendant No.2 is plaintiff’s mother. Defendant Nos. 3 to 5 are the plaintiff’s sisters. According to the plaintiff, there was a division of properties between his deceased father and his brother, as per the consent terms filed in Suit No. 3045 of 2003 in this Court. The plaintiff has claimed her share out of the properties coming to her father under the said consent terms. 4. On behalf of the plaintiff, it is contended that the applicant is not a necessary party. However, according to the applicant, the Court Receiver sought to take possession of the properties in which according to the applicant, he has an interest in the same. The learned counsel appearing on behalf of the plaintiffs contends that plaintiffs will not contend that any orders passed in the suit, interim or final would affect the rights, if any, of the applicant in the suit property. Nor would they so contend before any other authorities as against the applicant, based only on such orders. The statements are accepted. In view thereof, it is not necessary to implead the applicant as a defendant. 5. The Chamber Summons is disposed of subject to the above.