: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.371 OF 2008 WITH CIVIL APPLICATION NO.433 OF 2008 IN SPL.SUIT NO.84 OF 2007 Jayant K. Salia ....Appellant V/s. Hiraji G. Patil & Ors. ....Respondents Mr.S.A. Abhyankar i/b Mrs.Anjali N. Helekar for the Appellant. Mr.M.S. Lagu for Respondent Nos.1, 3 to 9. Mr.R.D. Suryawanshi for Respondent No.10. CORAM : S.J. VAZIFDAR, J. DATED : 6TH MAY, 2008. P.C. : 1. The impugned order warrants no interference even assuming that some of the observations of the impugned judgment are not accurate regarding denial of the tripartite agreement. The Plaintiff seeks specific performance of an agreement dated 29.7.2000 with Defendant Nos.1 to 9. Under the said agreement, the Plaintiff had paid Rs.22,00,000/- to Defendant Nos.1 to 9. Respondent No.1 was a tenant of a part of a larger property admeasuring 2-H 33-G. Respondent No.1 was declared owner under the provisions of : 2 : Section 32 of the B.T. & A.L. Act in respect of 12,000 sq.mtrs. On 15.12.2003 a tripartite agreement was entered into between the Plaintiff, Defendant Nos.1 to 9 and Defendant No.10. There is considerable dispute regarding the tripartite agreement. The Plaintiff and Defendant No.10 deny the same. 2. Admittedly, atleast as far back in February, 2004, the Plaintiff was aware of the agreement between Defendant Nos.1 to 9 on the one hand and Defendant No.10. No proceedings were initiated by the Plaintiff against Defendant Nos.1 to 9 or Defendant No.10 for three years. During this period of three years the agreement was executed between Defendant Nos.1 to 9 on the one hand and Defendant No.10 on 6.5.2003. Pursuant thereto the construction activities have proceeded to a large extent and third party rights have been created in favour of various flat purchasers. A portion of the property has already been surrendered to the Meera-Bhayander Municipal Corporation. The third parties have not been impleaded. 3. Considering the above facts and circumstances, no interference is called for and the Appeal from Order is dismissed. The Civil Application : 3 : is also dismissed.