: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.62 OF 2007 NO.62 OF 2007 NO.62 OF 2007 IN IN IN SUIT SUIT SUIT NO.1 NO.1 NO.1 OF 2001 OF 2001 OF 2001 IN IN IN PETITION PETITION PETITION NO.781 NO.781 NO.781 OF 1998 OF 1998 OF 1998 Kewal K.Hitkari .. Petitioner/Plaintiff. Versus Mr.Rajesh O.Kakkar .. Caveator/Defendant. And Mrs.Kamla K.Hitkari .. Applicant. Ms.Deepal Mehta i/b.Mr.Gaurang Mehta for applicant. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 3rd March, 2008. : 3rd March, 2008. : 3rd March, 2008. P.C.: P.C.: P.C.: 1. Learned Counsel appearing for the applicant seeks permission to withdraw the present Chamber Summons No.62 of 2007. Accordingly, permission is granted. Chamber Summons is dismissed as withdrawn. 2. In view of the withdrawal of the Chamber Summons No.62 of 2007, the suit does not survive and the same is disposed off as abated. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)