1 S.A. 960.2006 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. SECOND APPEAL NO. 960 OF 2006 AND CIVIL APPLICATION NO. 4569 OF 2007 IN S.A. 960 OF 2006 (Hiralal S/o Bhiu Pawar VERSUS Gulabrao S/o Nilkanthrao Deshmukh and anr.) Mr. R.K. Ingole, Advocate h/f. Mr. Pradip R. Patil, Advocate for the appellant/applicant Mr. P.S. Shendurnikar, Advocate for the respondents Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders P.C.:- 1] Learned Advocate appearing for the appellant sought leave to withdraw the suit which was dismissed by the Courts below and further sought leave to withdraw the Second Appeal with liberty to file fresh suit on the same cause of action. 2] Having regard to the facts and circumstances of the case, and the manner in which the appellant's case was conducted previously, I am inclined to grant such liberty. 2 S.A. 960.2006 Liberty to file fresh suit is granted. Second Appeal stands disposed of as withdrawn. Consequently, Civil Application no. 4569 of 2007 also stands disposed of. Sd/- DT. : 12.03.2010 (A.V. NIRGUDE, J.) arp