FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. CHAMBER SUMMONS NO.1861 OF 2007 IN SUIT NO.2219 OF 2000 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Prothonotary’s : orders. : -----------------------------------:------------------------------------- Mr.Ramchandra Yadav i/b Sanjay Udeshi & Co. for the plaintiff. Mr.Sandeep B.Pawar for Lakshmi Mural for the applicants. Mr.Atul Singh i/b D.R.Shah for defendant nos.3 and 4. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 3RD JULY, 2008 DATED: 3RD JULY, 2008 DATED: 3RD JULY, 2008 P.C.: . Heard learned counsel for the parties. 2. This chamber summons is filed by the applicants, who claim that they have entered into an agreement for sale in respect of one of the suit properties with one R.M.Nimbalkar. Nimbalkar is not a party in the present suit. Similarly, he is not a member of the plaintiff or defendants’ joint family. He has not come forward for his impleadment as party in the suit. The present suit is for partition and separate possession of the joint family properties of the plaintiff and defendants. It appears that the applicants have already filed independent suit against Nimbalkar and that suit is pending. Keeping that in view and considering the overall facts and circumstances of the case, in my opinion, the applicants are not necessary and/or proper party to the suit. Chamber summons is dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)