1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 154 OF 2009 WITH NOTICE OF MOTION NO. 1277 OF 2009 IN CHAMBER SUMMONS NO. 888 OF 2007 IN SUIT NO. 1656 OF 2006 Pranav Manubhai Bhagat & Anr. ... Appellants. V/s. Manilals Investments Pvt. Ltd. & Ors. ... Respondents. Mr. Harihar Bhave i/b. Bhave & Co. for the Appellants. Mr. N.S. Rodrigues i/b. Desaid & Diwanji for the Respondents. CORAM : SWATANTER KUMAR, C.J. & S.C. DHARMADHIKARI, J. DATED : 08TH APRIL, 2009. P.C. :- 1. We have heard learned Counsel appearing for the Parties. An appeal filed against the order of the learned Single Judge dated 28th January 2009 in Chamber Summons No. 888 of 2007. All the subsequent procedures are allowed. The challenge to the impugned order primarily is on the ground that Appellants are the subsequent 2 purchasers and are neither necessary nor proper parties to the Suit as they hold an independent title to the property and the Suit for specific performance between the Plaintiffs and the erstwhile Defendants cannot be used for the purpose of adding the Appellants as a party Defendant to the Suit. Reliance is also placed on the Judgment of the Supreme Court in Kasturi V/s. Iyyamperumal, (2005) 6 SCC 733. We are not impressed with any of the submissions made by the Appellants inasmuch as the Chamber Summons has been allowed primarily on the ground that the property which is the subject matter of this Suit was transferred by Respondent Nos. 2 to 5 and the presence of the Appellants before the Trial Court would be necessary to fully and finally adjudicate the rights of the parties and also the question of law. 2. The case of Kasturi (Supra), which is of no help to the Appellants. There, the parties were claiming title of the property adverse to the interest of the Vendors and as such, the Supreme Court passed the observations which have been relied upon by the Appellants in this case. 3 3. We find no reason to interfere in the Appeal. The Appeal is dismissed. However, we make it clear that all rights and contentions of the parties shall be kept open. 4. In view of the dismissal of the Appeal, Notice of Motion No. 1277 of 2009 does not survive and is accordingly disposed of. CHIEF JUSTICE S.C. DHARMADHIKARI, J.