1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1470 OF 2008 IN SUIT NO. 508 OF 2007 Silver Beach Victor Co-Operative Housing Society Ltd. ..Plaintiff. Vs. Vee Gee Creado Construction & Developer Pvt.Ltd. & Ors. ...Defendants. ---- Mr. Kamal Khatu i/b N.R. Gandhi & Abhay Tikekar, for the Plaintiff. Mr. Sanjay Jain i/b Nivit Srivastav, for Defendant no.1. Ms. Astha i/b M/s Zohair & Co., for Defendant Nos.2 to 6. ---- CORAM: S.J. VAZIFDAR, J. DATED : 15TH SEPTEMBER 20009 P.C. 1. So far as adding the parties as Plaintiffs is concerned, the Chamber Summons is dismissed but with liberty to the Plaintiff to take out a fresh Chamber Summons for adding the said parties as well as any other parties. 2. By this Chamber Summons the Plaintiff also seeks to amend the plaint by seeking reliefs restraining the Defendants from developing a part of the overall layout. The part in respect of which such reliefs are now sought to be introduced are not a part of the suit area i.e the subject matter of the agreement between the Plaintiff and the Defendants. The basis on which this amendment is sought is that out of the total area of 3219 2 sq.meters agreed to be conveyed the Defendants have illegally created a lease in respect of 1019 sq.meters in favour of Defendant Nos.2 to 6. In other wards according to the Plaintiff they are deprived of an area of 1019 sq.meters. Even assuming that is so the Plaintiff has a remedy qua the area of 1019 sq.meters. They are not entitled to reliefs in respect of an area which was admittedly never a part of the suit agreement. 3. In the circumstances, the Chamber Summons is dismissed with liberty as stated above.