By this chamber summons, the applicants seek impleadment as party defendants to the suit and also to pending Notice of Motion No. 3446 of 2006, Notice of Motion No. 3376 of 2006 and Notice of Motion No. 1004 of 2011.

2. Defendant No. 2 is one of the partners of defendant No. 1. Defendant no. 2 was original owner of the immovable property admeasuring 15,812.95 sq. mtrs situate and being at Senapati Bapat Marg, Lower Parel, Mumbai 400 013. Defendant No. 2 who is partner of defendant no. 1 got the suit property into the partnership firm i.e. defendant no. 1. Defendant no.1 sold various flats in the building known as Phoenix Tower Cooperative Housing Society Limited “A” and “B” Wing. Plaintiff Nos. 3 and 4 are the owners of two flats in Tower “A”. Plaintiff Nos. 5 and 6 are the owners of the two flats in Tower “B”. The Flat purchasers in the said two buildings formed Plaintiff No. 1 and 2 society. It is the case of the plaintiff that various agreements entered into between the flat purchasers and defendant no. 1 and 2, defendant Nos. 1 and 2 are liable to convey the suit property in favour of Plaintiff Nos. 1 and 2 jointly. Though the plaintiffs called upon the defendant Nos. 1 and 2 to convey the suit property jointly in favour of plaintiff no. 1 and 2, defendant nos. 1 and 2 refused to comply with the same. It is the case of the plaintiff that various illegal constructions/structural changes are carried out by defendant nos. 1 and 2. It is the case of the plaintiffs that defendant nos. 1 and 2 are liable and are by contract bound to execute conveyance in respect of the suit property under the provisions of the MOFA. The basement of the said buildings had been sanctioned only for the purpose of being used for car parking of residents of plaintiff no.1 and 2 and no commercial/industrial use whatsoever is permitted in the said basement. On 25th September, 2006, Plaintiffs filed this suit against defendant nos. 1 and 2 for execution of the deed of conveyance of the suit property in favour of plaintiff no. 1 and 2 and has prayed for order and decree to hand over quiet, vacant and peaceful possession of the suit property including the portion of the suit property shown outlined in colour yellow and earmarked as “CMP” in the plan utilized by defendant nos. 1 and/or defendant no. 2 for installing operation of the “cement mixture plant”.

3. On 17th February, 2011 plaintiffs registered lis pendens with Sub Registrar. On 29th March, 2011 Plaintiffs filed Notice of Motion No. 1004 of 2001 in this suit inter alia praying for injunction from selling car parking space in the “CMP” portion by the defendants. On 22nd July, 2011 and 25th July, 2011, defendant No. 2 has alleged to have entered into 9 agreements for sale of car parking in favour of 9 entities out of 125 car parking held by defendant no. 2. On 26th July, 2011, one M/s. Excelsior Hotels Private Limited is alleged to have addressed a letter to the defendant no. 1 seeking N.O.C., for permission of the society/company for management of car parks. On 18th August, 2011, defendant no. 1 is alleged to have granted NOC to Excelsior Hotels Pvt. Ltd. On 30th August, 2011, meeting of the representatives of the 9 car parking purchasers who had alleged to have purchased the said car parking from defendant no. 2 is alleged to have been held. On 30th August, 2012 the applicant is alleged to have amended the objects clause of the memorandum of association. On 31st August, 2011, 9 car parking purchasers is alleged to have been issued 80 shares of the applicant each. On 27th September, 2011 name of the applicant was changed from Mugwort Developers Pvt. Ltd to Mugwort Land Holdings Pvt. Ltd. On 7th December, 2011 the applicant filed this chamber summons inter alia praying for impleadment as party defendants. On 15th December, 2011 the learned Single Judge of this court disposed of Notice of Motion No. 1004 of 2011 filed by the plaintiffs inter alia praying for various reliefs including the order