1 CHS1657.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1657 OF 2010 IN SUIT NO. 2409 OF 2002 Miss. Sushila P. Kadam. ... Plaintiff. V/s. Tanaji R. Mahadik. ... Defendant. And Soham Projects Pvt. Ltd. & Anr. ... Applicants. None for the Plaintiff. Mr. Sachin P. Shetye for the Applicants. Mr. M.L. Palan i/b. Ms. J.P. Thakkar for the Defendant. CORAM : R.Y. GANOO, J. DATED : 28th JANUARY 2011. P.C. :- This Suit came to be filed by the Plaintiff to seek possession of the premises covered by the present Suit from the Defendant. It is the case of the Plaintiff that she is the tenant in respect of the Suit premises and she had created a conducting agreement in favour of the Defendant and she wants possession of the Suit premises from the Defendant. The Suit is pending. Receiver has been appointed and the Defendant is in possession of the Suit premises as an agent of the Receiver on certain terms and conditions. 2 CHS1657.10.sxw 2. Learned Counsel Mr. Shetye appearing on behalf of the Applicants states that the Applicants are the owners of the building in which the Suit premises are situate and the Applicants want to develop the property by demolishing the entire building including the Suit premises. The Applicants filed this Chamber Summons for being joined as party Defendant in expectation that the Plaintiff as well as the Defendant and the Applicants can arrive at some workable arrangement and for appropriate reliefs. 3. In the midst of the hearing of this Chamber Summons, the learned Counsel for the Applicants applies for withdrawal of this Chamber Summons with liberty to adopt appropriate procedure for the purposes of getting possession of the Suit premises from the Plaintiff as well as from the Defendant, of course through the Court Receiver. 4. The Chamber Summons is allowed to be withdrawn. Liberty as prayed for is granted. No views are expressed on the merits of the matter. There shall be no order as to costs. (R.Y. GANOO, J.)