SSM 1 10.nms.3639.09 IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3639 OF 2009 IN SUIT NO. 2589 OF 2009 Vijay Vasanji Adsani and another .... Plaintiffs VERSUS Rambhau Dattaram Malankar and others. .... Defendants Mr. V. S. Kapse for the Plaintiffs in support of Notice of Motion. Mr. Pankaj J. Das for Defendant No. 1. Mr. Gajendra Vaity i/by Devendra Singh for Defendant No. 2. CORAM: S. J. KATHAWALLA J. DATED: JANUARY 21, 2011. P.C.: The learned Advocate appearing for the plaintiffs submits that since plaintiff No. 2 has expired, he is desirous of taking out appropriate proceedings to bring the legal heirs of the deceased Plaintiff No. 2 on record. He further submits that therefore he may be allowed to withdraw the Notice of Motion with liberty to file a fresh SSM 2 10.nms.3639.09 Notice of Motion after the heirs of the deceased Plaintiff No. 2 are brought on record. 2. The Notice of Motion is therefore disposed of as withdrawn with liberty as sought. (S. J. KATHAWALLA, J.)