1 CHS609-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.609 OF 2009 IN SUIT NO.3005 OF 2008 Girdharlal Mehta and Ors. .. Plaintiffs Vs. Atul Builders and Estates Ltd. And Ors.. .. Defendants And Asmabegum Co-op.Hsg. Soc.Ltd. .. Applicants Mr.D.H.Mehta i/b M/s.Pravin Mehta and Mithi and Co. for the plaintiffs Mr.R.M.Vasudeo for the defendant no.1 Mr.Sachin Joshi i/b M/s.Puranik and Co. for defendant no.3 Mr.Anil Singh i/b M/s.R.O.Pathak for the applicant CORAM : S.C.Dharmadhikari, J. DATE : December 21, 2010 P.C. : 1. This is an applicants Chamber Summons seeking joinder as party defendant. It is on the basis that the instant suit is collusive and that the applicants right in the property may be effected. The property is claimed by the 2 CHS609-09 applicants on the basis of the pleas raised in the affidavit in support. However, on a query from the court Mr.Singh, learned counsel for the applicant in all fairness states that the applicant has instituted a suit no.773 of 2007 against defendant no.1 and all the parties to the instant suit are also parties thereto. Equally Mr.Vasudeo, learned counsel states that defendant no.1 has filed a suit against the applicant in the court which is pending. In the light of the fact that applicant has filed substantive suit against some parties, even if any orders are passed in the instant suit, it would be open for the applicant to raise appropriate pleas in his own suit and by keeping them open, this Chamber Summons can be disposed of. 2. Chamber Summons is accordingly disposed of with liberty to the applicant to raise appropriate pleas in the pending suit or by instituting such proceedings as are permissible in law. All contentions in that behalf of the parties are kept open. Chamber Summons is disposed of. ( S.C.Dharmadhikari, J. )