IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (LODGING) NO.72 OF 2009 SUIT (LODGING) NO.72 OF 2009 SUIT (LODGING) NO.72 OF 2009 AND AND AND NOTICE OF MOTION NO. OF 2009 NOTICE OF MOTION NO. OF 2009 NOTICE OF MOTION NO. OF 2009 IN SUIT (LODGING) NO.72 OF 2009 Rehman Khan S/o Shah Wali Khan .... Plaintiff Vs. Mrs. Annie D’Souza & Ors. .... Defendants Shri P.G. Lad for the Plaintiff. CORAM: CORAM: CORAM: SHRI A.V. NIRGUDE, J. DATED: DATED: DATED: JANUARY 30, 2009 P.C: P.C: P.C: 1. The plaintiff craves leave to withdraw the suit with the liberty to file a fresh suit on the same cause of action before the appropriate forum. The suit is accordingly allowed to be withdrawn with the said liberty and stands disposed of accordingly. 2. The office to refund the Court fee as per rules. 3. In view of the disposal of the suit as withdrawn, the draft notice of motion taken out therein does not survive and stands disposed of. (A.V. Nirgude, J.) sjs/J9slg72.9 sjs/J9slg72.9 sjs/J9slg72.9