FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 9 OF 2011 in WRIT PETITION NO. 3339 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. Vaibhav V. Dhage, Advocate for the petitioner CORAM :- D.B. BHOSALE & R.M. BORDE, JJ. DATE :- 25TH JANUARY, 2011. PER COURT :- 1] Heard learned counsel for the appellant. This appeal challenges the order dated 9th December, 2010 passed by the learned Single Judge in W.P. No. 3339 of 2010, by which writ petition has been dismissed. The writ petition was directed against the order dated 15th March, 2010 passed by the trial court, allowing the respondent-plaintiff to withdraw the suit with liberty to file a fresh suit. 2] From perusal of the order of the trial court, it appears that such order was passed in view of the fact that the suit was likely to fail on account of some formal defect. The learned Single Judge has also recorded in the order that after withdrawal of the suit, a fresh suit was already filed. In view thereof and for the reasons recorded in the impugned orders, we find no merit in the Letters Patent Appeal. The appeal according fails and dismissed as such. Civil application No.275 of 2011 is also disposed of. [R.M. BORDE, J.] [D.B. BHOSALE, J.] grt/- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 9 OF 2011 in WRIT PETITION NO. 3339 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2