1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1183 of 2009 IN Suit No.2780 of 2008 Gautam C. Chollera .. .. Plaintiff v/s. Jitgendra Barot .. .. Defendant A n d Sanjay Chollera .. .. Intervenor/ Applicant Mr.R.V. Govilkar for Plff. Mr.B.R. Zaveri for Deft. Aparna D. Vhatkar for Applicant. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 13th April, 2010 P.C. : 1.The Applicant has sought to be impleaded in the suit as party Defendant No.2 on the premise that he is the actual owner of the suit flat, for which the Suit was filed for specific performance. The Applicant has not substantiated how he is the owner. The Applicant has not shown payment of consideration by him. The Applicant, therefore, cannot show his legal right, title and interest in the suit flat which could be falsely claimed by the Plaintiff. The Applicant would have to file his separate suit to claim his ownership right upon the payment of separate Court fee. The 2 Applicant has not even filed a counter claim claiming ownership and showing consideration paid. 2.The Chamber Summons is dismissed. (SMT.ROSHAN DALVI, J.)