-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1704 OF 2008 IN SUIT NO. 3004 OF 2006 Ozone Finance And Investments Private Limited : Plaintiffs v/s Leelaben Damodardas Katrecha & seven others : Defendants and Millionaire Construction (India) Private Limited : Applicants Mr. Sanjay Jain i/b N. G. Raut Advocate for Plaintiff Mr. Ramesh Tiwari i/b M/s. Bagla Dandekar Advocate for defendant nos. 1 to 3 Miss Shama Gupta i/b Shoaib Memon advocate for applicants Coram : R.Y. Ganoo,J. Date : 2.4.2009 P.C. . This chamber summons is taken out by applicants for being joined as party defendant. Affidavit in reply is not filed by the plaintiffs. . Plaintiffs have instituted the suit so as to seek specific performance of the property admeasuring 4343 sq.yards more particularly set out in the plaint as according to plaintiffs defendant no.s 1 to 3 executed agreement to sale in favour of the plaintiffs. According to the defendant no. 5 she is -2- claiming to be the owner of the property and therefore to be on safer side it has been joined as party defendant no. 5. . According to the applicants defendant no. 5 has executed an agreement to sale in favour of the applicants in regard to 441.1 s.m. forming part of main property in regard to which the suit has been filed and thus on that count the applicants want that they should be joined as party defendants. . Though affidavit in reply is not filed by the plaintiffs learned counsel Mr. Jain appearing on behalf of the plaintiffs vehemently opposed chamber summons contending in that the present applicants are not required to be joined as party defendants as his clients have received agreement of sale from defendant 1 to defendant no. 3 who are in the opinion of the plaintiffs owners of the property and proper agreement to sale has been executed. . After having considered the averments in the chamber summons it is seen that present applicants are claiming rights in respect of part of the property and that is apparently on the basis of conveyance executed by defendant no. 5. If that is so it would be safer -3- if the applicants are joined as party defendants. Hence the chamber summons is required to be granted. Hence the order. ORDER . Chamber summons is made absolute in terms of prayer clause (a). There shall be no order as to costs. . Plaintiffs to carry out amendment on or before 13.4.2009. Serve upon the advocates for defendant nos. 1 to 8 as also on advocate for applicant amended copy of the plaint on or before 20.4.2009. Suit stand adjourned for direction on 28.4.2009. The plaintiffs shall amend the notice of motion so as to join present applicants as party defendants in the said motion. (R.Y. Ganoo, J)