pvr 1 A1205-10 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1205 OF 2010 IN NOTICE OF MOTION NO.3903 OF 2009 IN SUIT NO.2765 OF 2009 Rajesh Vijendra Sharma. ...Appellant vs. 1.Surendra Sharma & Ors. ...Respondents --- Mr.Mohan A.Dharamaraj, for Appellant. Mr.D.D.Madan, Sr. Advocate i/b. Dharam & Co., for Respondent nos.1,2,4 & 6. Mr.Sanjay Jain with Kalpesh Mehta & Sameer Singh i/b. M/s.P.M.&Mithi & Co., for Respondent no.3. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 13th June,2011 P.C.: 1. Admittedly, a suit claiming the same reliefs was filed in City Civil Court, that suit has been withdrawn without taking liberty to pvr 2 A1205-10 institute a fresh suit on same cause of action, and therefore, the present suit itself may not be maintainable. We see no reason to interfere with the order impugned in the appeal. The appeal is disposed of. As the appeal itself is disposed of, notice of motion no.3168 of 2010 does not survive for consideration, it is disposed of. (D.K.DESHMUKH,J.) (R.G.KETKAR,J.)