1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.103 OF 2009 WITH NOTICE OF MOTION NO.894 OF 2009 IN SUMMONS FOR JUDGMENT NO.307 OF 2007 IN SUMMARY SUIT NO.3659 OF 2003 Mr.Prabhakar Mehta. ..Appellant. Vs. S.K.Shetye ..Respondent. Ms. Y.E. Tavaria for the Appellant. Mr. Kunal Cheema for the Respondent. CORAM : D.K. DESHMUKH & R.S. MOHITE, JJ. DATE : 23RD JUNE, 2009. PC : 1. The appellant in this appeal challenges the order passed by the learned Single Judge of this court granting conditional leave to defend the suit. The learned counsel appearing for the plaintiff seeks leave of the court to 2 withdraw the Summons of Judgment No.307 of 2007 with liberty to take out fresh summons for judgment after carrying out amendments in the plaint. The Summons for Judgment No.307 of 2007 is permitted to be withdraw with liberty to take out fresh summons of judgment. As a result of withdrawal of the Summons of Judgment No.307 of 2007, the order passed thereon on 11.2.2009 does not survive for consideration rendering this appeal infructuous. Appeal is disposed off as infructuous. The learned counsel appearing for the defendant has stated before us that in case fresh summons for judgment is taken out by the plaintiff, service of the same effected on the advocate for the defendant can be treated as service on the defendant. Statement accepted. Notice of Motion is accordingly disposed off. ( D.K. DESHMUKH, J.) ( R.S. MOHITE, J. )