Smt. Surekhaben Mahendrakumar Shah v. M/S. Dev Kanya Marketing Pvt. Ltd. Through Director, Jitendra Manordas Thakkar And ORS

33.5725.13-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5725/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vivek Salunkhe for the petitioner Mr. Neel Pungalia for the respondent Nos.4, 5, 7 and 8.

CORAM : K. K. TATED, J.

DATE : JUNE 16, 2016 P.C.:

1.

Heard. By this petition under Article 227 of the Constitution of India, the petitioner third party challenges order dated 10.01.2013 passed by the 5th Jt. Civil Judge, Senior Division, Nasik below exhibit 215 in special civil suit No. 470/1997 rejecting the petitioner's application for joining him as party defendant in the suit.

2.

It is the case of the petitioner that the petitioner agreed to purchase the share of Sou.Sundarabai Shivprasad Jaiswal i.e. deceased defendant No.4 by agreement for sale dated 24.06.2000. Hence, the petitioner made an application for joining her as a party defendant in the suit filed by the plaintiff. The plaintiff filed the Basavraj G Patil 1/2

33.5725.13-wp suit for specific performance of agreement. The trial court, at the time of rejecting the application made by the petitioner held that the petitioner can file a separate suit for specific performance of agreement. He cannot ask any relief in the suit filed by the plaintiff for specific performance of agreement for sale. There is no dispute that the petitioner has an independent right to file a separate suit for specific performance of agreement.

3.

Considering these facts and the reasons given by the trial court, I do not find any substance in the petition. Same stands rejected.

JUDGE Basavraj G Patil 2/2