1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber summons No.1897 of 2008 with Notice of Motion No. 2531 of 2008 in Suit No.2186 of 2008 M/s Life Line Global Ltd. ..Plaintiffs Vs. Nirmal Life Style Ltd.and another ..Defendants and Benetton India Pvt.Ltd. ..Applicant/ Intervener Mr.Sampat i/b Mr.Rajesh Singh for plaintiffs Mr.P.K.Samdani Sr.Counsel with Mr.K.Patel i/b M/s Deven Dwarkadas and Partners for applicant/interveners. CORAM: S.J.KATHAWALLA J. 15th June, 2009 P.C. 1 The suit is filed admittedly under section 6 of the Specific Relief Act,1963. The plaintiffs were allegedly dispossessed by the defendants from the suit premises on 5th April, 2008. The plaintiffs have taken out 2 the Notice of Motion in the suit seeking appointment of the Court Receiver in respect of the suit premises, return of equipments pertaining to the gymnasium etc. 2 This Chamber Summons is taken out by the applicant on the ground that the defendants/owners had put him in possession of the suit premises on 14th July, 2008 and that the applicants be allowed to join as party defendants to the suit. The applicants point out paragraph 8 of the affidavit in reply to the Chamber Summons filed by the plaintiffs wherein the plaintiffs have stated that the applicants are in de facto occupation and, therefore, the plaintiff agrees to make them party to the suit/Notice of Motion proceedeings. 3 In my view, the applicants are neither necessary nor proper parties to the suit. In view thereof joining the applicants as party defendants to the suit does not 3 arise. The Chamber Summons is, therefore, dismissed. Despite knowing the view of this Court the learned Advocate for the plaintiffs insists that the applicants should be heard at the time of the hearing of the Notice of Motion taken out by the plaintiffs since the applicants are in de-facto occupation of the suit premises. In view thereof, the applicants shall be heard at the time of hearing of the Notice of Motion taken out by the plaintiffs. Notice of Motion be listed for final hearing on 13th July, 2009. (S.J.KATHAWALLA J.)