1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.211 OF 2009 IN SUIT NO.1484 OF 2007 KUM JAYA KATARIA ..PLAINTIFF VS. MRS. VASANTBEN HARIVALLABH KATARIA & ORS ..DEFENDANT Mr.S.K.Jain for the Plaintiff Mr.S.C.Kekane for Defendants No.1 to 3, 6, 8 to 11 CORAM: SMT ROSHAN DALVI, J. DATED: 16th February, 2009 P.C.: 1.The suit is in respect of two properties. The Plaintiffs claim 1/6th share in each of the suit property. The Plaintiffs have applied by way of Chamber Summons for deletion of one of the properties as the suit property. 2.Surprisingly this withdrawal of the claim by non prosecution is challenged by Defendants No.1 to 3, 6 & 8 to 11. It is contended that the Plaintiff cannot withdraw the suit since 2 the property which is now sought to be taken out of the lis is declared a slum. The Plaintiff appears to have seen reason. She has settled with a developer who would be developing the property under the SRA. I do not see how a party cannot be allowed to withdraw a part of claim by non prosecution. Chamber Summons is made absolute in terms of prayer clause (a). The Plaintiff shall amend the plaint as per the schedule within two weeks. The Plaintiff shall also amend the copy of the plaint served upon the Defendant within two weeks. Since the claim of the Plaintiff in respect of the property which is declared slum has been withdrawn, ad- interim relief already passed stands vacated in respect of that property. 3.This order is stayed for two weeks. (Roshan Dalvi, J)