1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO. 217 OF 2009 IN NOTICE OF MOTION NO. 958 OF 2008 IN SUIT NO. 2947 OF 2007 Avinash Karnik ..Appellant Vs. Ajit B. Karnik and ors. ..Respondents Mr. S.P. Dalal i/by Dalal & Co. for appellant. None for respondents. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR, JJ. July 02, 2009. P.C. 1. Heard Mr. Dalal the learned counsel for the appellant. This appeal is directed against the order dated 13/3/2009 by which Notice of Motion No. 958 of 2008 filed in Suit No. 2947 of 2007 came to be dismissed. The said Notice of Motion was filed for appointment of Court Receiver. 2. The learned Single Judge noted that the suit flat was sold to defendant no.5 and the plaintiff was not in possession of the said flat. The plaintiff was claiming to be one of the LRs. of Mrs. Nalini Karnik and there were other six LRs. of said Mrs. Karnik. These remaining LRs. were not brought on record and thus all the LRs. of Mrs. Karnik 2 were not before the court. The Chamber Summons to bring the LRs. of Mrs. Karnik on record was pending. We are informed that said Chamber Summons i.e. Chamber Summons No. 503 of 2008 is still pending. The appellant may pray for ad-interim relief, including for appointment of Court Receiver, or in the alternative file a fresh Chamber Summons. 3. Hence, the appeal is allowed to be withdrawn and disposed as such. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)