1 WP 4564/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4564 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Kishor V. Tembe for the petitioner. Mr. Jaydeep S. Deo for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 28TH JULY 2010 P.C. : 1. Rule, returnable forthwith. 2. Mr. Deo waives service on behalf of the respondent no.1. Respondent no.2 is the original defendant and had not opposed the original request of the petitioner for being joined as a party defendant to the suit. Hence, service of the Rule on the respondent no.2 is dispensed with. 2 WP 4564/10 3. Heard learned counsel for the petitioner and the respondent no.1. 4. Respondent no.1 filed a suit against the respondent no.2 for specific performance of agreement of sale of the suit property. The petitioner appeared in the said suit and made an application for it being joined as party defendant on the ground that the suit property was mortgaged to it and in fact has been attached in execution of the recovery certificate for non-payment of its dues. The application was rejected by the trial court. Aggrieved petitioner has challenged this order in this writ petition. 5. Photocopy of the registered mortgage deed executed by respondent no.2 in favour of the petitioner bank is filed on record. Similarly, the petitioner has also filed on record a copy of the order for attachment dated 17 January 2001 issued by Special Recovery Officer 3 WP 4564/10 attaching the suit property. These documents clearly show that the petitioner has interest in the property and the suit property has even been attached. Consequently, the petitioner was a proper party to the suit. The trial court, therefore, ought to have allowed the application of the petitioner for being joined as a party defendant. 6. For these reasons, the impugned order is set aside and the petitioner’s application dated 14 April 2009 (Exhibit-26) for being joined as a party defendant to the suit is allowed. Respondent no.1 being the original plaintiff shall carry out the necessary amendment in the plaint within 4 weeks from the receipt of writ by the trial court. 7. Rule is made absolute to the extent indicated above. (D.G. KARNIK, J.)