1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1203 OF 2009 Blaise I. Pereira & Anr. ..Petitioners. V/s. James Bastav Patel & Ors. ..Respondents. Mr.Rahul Tiwari i/b. Mr.D.R.Tiwari for Petitioners. Mr.Arun S. Singh for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 9, 2009. DATE : FEBRUARY 9, 2009. DATE : FEBRUARY 9, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. It is noticed that although the land forms joint family property, however, occupants in respect of the respective structure standing thereon entered into separate agreement with the developer. The Petitioners entered into an agreement with the Developers with regard to the structure occupied by them, where as the Respondents/Plaintiffs entered into similar agreement with the Developers with regard to the structure in their occupation. In view thereof, the Developers offered flat-A/202 admeasuring 890 sq.ft. on the second floor of the building to be constructed on the land in question to 2 the Plaintiffs. The suit has been filed for specific performance of the said agreement dated 28th February, 2005. That agreement is in respect of the structure which was in exclusive occupation of the Respondents/Plaintiffs, in respect of which the Petitioners have not asserted any right. The fact that the Petitioners are co-owners of the property alongwith the Respondents/Plaintiffs does not take the matter any further. The Court below has rightly observed that in the present suit the petitioners herein/Applicants will have no concern amd hence is not a necessary or proper party. That is the correct approach of the lower Court. Hence rejected in the fact situation of the present case. . Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)