IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1046 OF 2009 IN SUIT NO.1412 OF 1998 Ali Miya Chhote Miya Shaikh ----- Plaintiff Vs. Sayed Mohamed Shakeel & Ors. ----- Defendants Mr. D.N. Hungund for plaintiff. Mr. U.A. Kohir, for defendant nos. 1 and 2. CORAM : V.M. Kanade, J. Date : 18th February, 2010 P.C. : 1. Learned counsel appearing on behalf of the plaintiff seeks leave to withdraw the Chamber Summons with liberty to file a fresh Chamber Summons. The Chamber Summons is allowed to be withdrawn with liberty as prayed. The plaintiff No. 1 has died about year s ago and hence the Suit is dismissed as abated. ’ ( V.M. Kanade, J.)