KBP 5704-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5704 OF 2009 Harishchandra Shautan Dhobi ..Petitioner Vs. The Municipal Corporation for Greater, Mumbai and anr. ..Respondents ......... Mr.Akhilesh Upadhyay, for petitioner. Mr.Raj Patel i/b.Mr.Pravin Mehta & Mithi, for respondent no.3. Miss.A.R.Dwivedi, for respondent no.4. None appears for the respondent nos.1 and 2. ....... CORAM : A.S.OKA, J.. DATE : 18 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioner and learned counsel for the respondent. The learned counsel for petitioner states that he may be allowed to withdraw the Chamber Summons No.340 of 2008 with a liberty to file a fresh Chamber Summons praying for amendment of plaint for incorporating a prayer for decree of possession and other prayers as well as other averments. 2] In view of the said request, writ petition is disposed of by following order: (a) Impugned order dated 25 th March, 2009 is quashed and set aside and the petitioner is permitted to withdraw the Chamber Summons No.340 of 2008 with liberty to file a KBP 5704-09.sxw 2 fresh Chamber Summons for amendment of plaint. It is made clear that if such a Chamber Summons is filed, it will be open for the respondents to contest the same on all permissible grounds. (b) All contentions of the parties are kept open. ( A.S.OKA, J. )