: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.3646 OF 2009 Ramdev D. Vishwakarma .. Plaintiff v/s. The Principal, Holy Angle High School, Mumbai & Ors. .. Defendants ......... Mr. Uday Bobade i/by J.H. Ramugade for the plaintiff Mr. Manojkumar Upadhyay for defendant no.1 Ms. Uma Palsuledesai, AGP for defendant nos. 2 to 6. ......... CORAM : R.Y.GANOO, J. DATE : 6TH APRIL, 2010. P.C. : 1. Learned Counsel for the plaintiff wants to issue statutory notice under Section 80 of Civil Procedure Code and then file a fresh suit. He applies for withdrawal of this suit with liberty to file a fresh suit after complying with requirement of Section 80 of Civil Procedure Code. He prays for continuation of order of status-quo which was passed on 16th December, 2009. 2. As prayed, the suit is allowed to be withdrawn with liberty to the plaintiff to file a fresh suit after complying with requirements of provisions of Section 80 of Civil Procedure Code. Learned advocate Mr. Bobade : 2 : appearing on behalf of the plaintiff upon instructions states that order of status-quo which was passed on 16th December, 2009 relates to existence or non-existence of the board put up by the Receiver in regard to the said property. If existence or non-existence of Board said to be put up by the Receiver is being taken as a status-quo, this order of status-quo is innocuous and it does not effect anybody. Hence, that order of status-quo to continue till 31st July, 2010. At this stage, learned advocate for the State of Maharashtra states that State of Maharashtra be granted liberty to proceed against the plaintiff. There is no need to pass specific order giving liberty to the State of Maharashtra. The State of Maharashtra is free to act as it may be advised. There shall be no order as to costs. Refund of Court fees is granted as per the Rules. 3. In view of this order, office to number the notice of motion for statistical purposes, which is allowed to be withdrawn with no order as to costs. [R.Y.GANOO, J.]