IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1772 OF 2008 IN SUIT NO.357 OF 1986 Manisha Adani ..... Plaintiff V/s. Kavita S. Wadhwani .... Defendant Mr.Udaya Sankar Samudrala, for the plaintiff. Mr.Rizvi Nasir i/by Thakore Jariwala & Associates, for defendant No.1 in support of Chamber summons. CORAM: R.Y.GANOO, J. DATED: 28th JANUARY, 2009. P.C. 1. Issues came to be framed on 14-08-2008 in the presence of learned Advocates then appearing in the matter on both the sides. This chamber summons is taken out for recasting of issues, as set out in the annexure to the chamber summons. 2. I have heard the counsels on both the sides. I have also perused the plaint and issues which were already framed on 14-08-2008. It is the case of defendant No.1 that she has acquired ownership in the suit flat by adverse possession. If the defendant No.1 is successful in discharging the burden, then there will be no question of plaintiff succeeding to the suit flat. Keeping this view in mind, issue No.5 is framed and the Court is required to answer two things whether defendant No.1 has been able to prove that she has acquired ownership by adverse possession and what will be the share of the plaintiff if ownership of defendant No.1 is made out. That takes care of Item No.1 of annexure 1. In so far as overt-acts of defendant Nos.4, 5 and 6, according to the plaintiff, these three defendants have released their share in the suit flat. Undoubtedly, when the plaintiff would enter into the box in order to support his claim to the extent of 4/7 shares in the suit flat, the plaintiff will have to explain how the other heirs have acted in so far as their rights and there is no need to have any delebration upon the overt acts alleged so far as defendant Nos.4, 5 and 6 are concerned. In my view, for the reasons mentioned aforesaid, there is no reason to draft additional issues. Hence, the chamber summons is required to be dismissed. Thus, the order. : O R D E R : 1. The chamber summons is dismissed with no order as to costs. 2. Suit set down for recording of evidence on 27-02-2009, on which date the plaintiff shall tender affidavit of evidence in the Court and the defendant No.1 will step into the witness box. ( R.Y.GANOO, J. )