: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.762 OF 2008 IN SUMMARY SUIT NO.655 OF 2006 Adam Jhaman Makhija .. Plaintiff v/s. Richie Rich Builders and Developers and Ors. .. Defendants And Mr. Jhaman Makhija & Ors. .. Applicants ......... Mr. A.T. Kukreja i/by M/s. Kukreja & Co. for the plaintiff ......... CORAM : R.Y.GANOO, J. DATE : 29th APRIL, 2010. P.C. : 1. Learned advocate Mr. Kukreja states that the plaintiff is no more however, the original heirs of the plaintiff has to receive the dues and the suit is to be withdrawn. In view of this, this Chamber Summons can be granted. Hence, the order. : 2 : ORDER (i) Chamber Summons No.762 of 2008 is made absolute in terms of prayer clauses (a), (b) and (c). (ii) There shall be no order as to costs. (iii)Applicants to carry out amendment on or before 3rd May, 2010. (iv) Learned advocate Mr. Kukreja applies for withdrawal of the suit because after the suit is withdrawn, the payment will be received by the representative of the original plaintiff. (v)The suit is allowed to be withdrawn as if the amendment is carried out by way of special circumstances. There shall be no order as to costs. Refund of Court fees is granted as per Rules. (vi) Refund Certificate be issued after the amendment is carried out. Refund Certificate be issued in the name of Applicant no.1, who will be shown as plaintiff no.1A. (R.Y.GANOO, J.)