1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.88 OF 2009 IN CHAMBER SUMMONS NO.1121 OF 2007 IN SUIT NO.2735 OF 2005 Mobin Bashir Khan & Ors. ..Appellants. Vs. Mahendra Bhagwandas Kevat & Ors. ..Respondents. Mr.M.V. Holamagi for the Appellants. Mr.Ram U. Siingh i/b. Mr.A.A. Mirza for Respondent no.1. Mr.D.R. Singh for Respondent no.7. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 9TH JULY, 2009 P.C. :- Mr.Holamagi, the learned counsel for the Appellants has been heard and, he stated that the Original Plaintiff nos.2 and 3 were in fact not served on the Chamber Summons, which came to be allowed by the impugned order dated 22.1.2009. Whereas, the impugned order clearly states that despite service on Original Plaintiff nos.2 and 3, none appeared to oppose the Chamber Summons. 2 2. Mr.Holamagi therefore seeks leave to withdraw the Appeal so as to approach the learned Single Judge with a Review Petition. 3. The Appeal is disposed off as withdrawn with liberty as is available in law. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)