IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (LODGING) NO.2778 OF 2008 Mrs.Ishrat Javed Bagdadi & Anr. .. Plaintiffs Vs. Seasons Builders Pvt Ltd & Ors. .. Defendants Ms Sunita Potdar with Mr.M.Y.Sayani for the plaintiffs. Mr.Birendra Saraf with Mr.Farid Karachiwala and Mr.Suraj Iyer i/by Wadia Gandhi & Co for the defenant no.2. Mr.R.Anandraj i/by Pankaj Vijayan for the defendant no.3. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 29th September 2008. : 29th September 2008. : 29th September 2008. P.C.: . The learned counsel appearing for the plaintiff seeks permission to withdraw this suit with liberty to file a fresh suit on the same cause of action after obtaining a leave under clause 12 of the Letters Patent. The learned counsel appearing for the contesting defendants submits that the plaintiffs are not entitled to leave under clause 12. Accordingly, suit is allowed to be withdrawn with liberty as prayed. The objection of the defendants is kept open. The plaintiffs will be entitled to refund of court fees as per the rules. (A.S.Oka,J)