: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.142 OF 2010 IN SUIT NO.234 OF 2010 Hemant Vyas .. Plaintiff v/s. Nagesh Subhash Kamtikar .. Defendant And Central Bank of India .. Respondent ......... Mr. M. Chauhan for the plaintiffs Mr. Mayur Khandeparkar i/by T.N. Tripathi & Co. for respondent no.1 None for defendant ......... CORAM : R.Y.GANOO, J. DATE : 9th JUNE, 2010. P.C. : 1. Learned advocate appearing on behalf of the respondent- Central Bank states that pursuant to decree granted in favour of the respondent, the property in question has been sold and a third person is now treated as an auction purchaser. : 2 : 2. On hearing the aforesaid statement made by learned Counsel for the respondent, the learned advocate for the plaintiff applies for withdrawal of this Chamber Summons with liberty to take out fresh Chamber Summons for impleading Central Bank of India as well as Auction Purchaser as a party defendants. Merits of the said chamber summons are left open. 3. In the aforesaid circumstances, the Chamber Summons is allowed to be withdrawn with liberty as prayed for. There shall be no order as to costs. Suit to come up for final hearing in usual course. (R.Y.GANOO, J.)