: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT (L.) NO.316 OF 2009 (L.) NO.316 OF 2009 (L.) NO.316 OF 2009 Sabah Adnan Sami Khan ...Plaintiff V/s. Adnan Sami Arshad Sami Khan ...Defendant Mrs.Tasneem Zaidy a/w. Mr.Rashid Khan i/b. Zaidy & Co. for the Plaintiff. Mr.Vibhav Krishna i/b. Juris Consillis for the Defendant. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 23RD MARCH, 2009. : 23RD MARCH, 2009. : 23RD MARCH, 2009. P.C.: P.C.: P.C.: 1. The Plaintiff’s Advocate sought withdrawal of the suit. The Defendant’s Advocate opposed the same only on the ground that the Plaintiff subsequent to filing of this suit has filed a Petition for divorce on the same grounds and for the same reliefs in the Family Court. He said it is not clear as to whether in that complaint the Plaintiff mentioned about filing of this suit earlier to it. I think this suit apparently is not maintainable in this Court and so it would not affect the filing of the subsequent Petition in the Family court. The application for withdrawal of the suit is allowed. The suit stands dismissed as withdrawn. : 2 : 2. Office to refund the Court fee as per the rules. 3. There shall be no order as to costs. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]