1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.172 OF 2006 IN CHAMBER SUMMONS NO.366 OF 2005 IN EXECUTION APPLICATION (Lodging) NO.54 OF 2005 IN SUIT NO.1762 OF 1994 Dr.Sharad Natwarlal Joshi & Anr. .. Appellants V/s Majithia Mehta Constructions Pvt.Ltd. .. Respondents Mr.Gaurav Joshi i/by M/s.Mulla & Mulla & CB & C for the Appellants. Mr.A.Fernandes with Ms.Deepti Nagpal i/by M/s.Kanga & Co.for Resp.No.1. Mr.Sanjay Desai i/by M/s.Bankim Desai & Co.for Respondent No.5. WITH APPEAL NO.204 OF 2006 IN CHAMBER SUMMONS NO.366 OF 2005 IN EXECUTION APPLICATION (Lodging) NO.54 OF 2005 IN SUIT NO.1762 OF 1994 Majithia & Mehta Constructions Pvt.Ltd. .. Appellants V/s Dr.Natwarlal Dayashankar Joshi & Ors. .. Respondents Mr.A.Fernandes with Ms.Deepti Nagpal i/by M/s.Kanga & Co.for the Appellants. Mr.Gaurav Joshi i/by M/s.Mulla & Mulla & CB & C for Respondent Nos.1 to 3. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 20th June, 2011 2 P.C: On the motion made by learned counsel appearing for the original applicant who had taken out the Chamber Summons No.366 of 2005, the Chamber Summons No.366 of 2005 is permitted to be withdrawn with liberty to adopt such remedy as may be available under the law. As the Chamber Summons has been withdrawn, the order passed thereon by the learned Single Judge does not survive rendering both these appeals infructuous. Hence both appeals stand disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)