1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.11 OF 2008 IN SUMMARY SUIT NO.2946 OF 2001 Shri Tribhuvannath H. Upadhyay ... Plaintiff - versus - Shri Anilkumar Ghanshyam Pathak ... Defendant - and - Mrs. Kiran Anilkumar Pathak ... Applicant Mr.B.N. Shukla for the Plaintiff. None for the Applicant. CORAM: R. G. KETKAR, J. DATED: 9th October, 2009. P.C. 1 This Chamber Summons is taken out by the applicant Mrs. Kiran Anilkumar Pathak for setting aside an order and/or cancelling the proclamation of sale by Sheriff dated 10th December, 2007 made under Execution Application No. 378 of 2004 in respect of the immovable property situated at Hari Om Nagar, Behind GL Ground, IIT Main Gate, Powai, Mumbai – 400 076. 2 2 The Chamber Summons was adjourned so as to enable the parties to explore the possibility of settlement. The Chamber Summons was on my board on 11th September, 2009, when none appeared for the applicant. The hearing was adjourned to 18th September, 2009, when none appeared for the applicant. The matter was adjourned to 25th September, 2009, again none appeared for the Applicant. The Chamber Summons was adjourned to 9th October, 2009 i.e. today for dismissal. Despite affording several opportunities to applicant, she chose to remain absent. It seems that the applicant is not interested in prosecuting the matter. In the result, the Chamber Summons is dismissed for default. The interim order of protection given by this court (S.J. Vazifdar,J) on 8th January, 2009 stands vacated. (R.G. KETKAR, J)