1 CHS1078.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1078 OF 2010 IN EXECUTION APPLICATION NO. 220 OF 2007 IN SUIT NO. 1294 OF 1986 Kishore Narsingh @ Hiralal Shah & Ors. ... Plaintiffs. V/s. Prakash Narsingh Shah and Ors. ... Defendants. Mr. N.C. Parekh i/b. Mansukhlal Hiralal & Co. for the Plaintiffs. Mr. Bharat Vaishnawa i/b. Bharat Vaishnawa & Co. for the Defendants. Mr. Abhay Patki for the Applicant in CHS No.72/2011 CORAM : R.Y. GANOO, J. DATED : 24th JANUARY 2011. P.C. :- Learned Counsel Mr. Vaishnawa tenders affidavit in reply to the Chamber Summons. Same is taken on record. I have heard learned Counsels on both sides. Looking to the prayers in the Suit as well as the order dated 20th October 2000 as of today I only observe that share of each of the Claimants that is to say the Plaintiffs/Defendants is not determined by order dated 20th October 2000. If this be so, the decree passed on 20th October 2000 cannot be taken further for execution. Learned Counsel appearing on behalf of the Applicants i.e. 2 CHS1078.10.sxw Original Plaintiffs applies for withdrawal of this Chamber Summons with liberty to take out appropriate proceedings. There shall be no order as to costs. The Chamber Summons is allowed to be withdrawn. Liberty as prayed for is granted. 2. The Court is informed that Chamber Summons No.72 of 2011 is already filed by some third party. Copies of the same are served upon learned Counsel Mr. Parekh appearing on behalf of the Plaintiffs and Mr. Vaishnawa appearing on behalf of the Defendants. By consent, adjourned to 15th February 2011 for hearing of the Chamber Summons. Parties to complete the pleadings in the meantime. (R.Y. GANOO, J.)