1 nms2963-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 2963 of 2009 in Suit No. 2318 of 2007 Bhudevi Madan Mohan Sharma & Anr. .. Plaintiffs v/s. Mohammed Shamin Badgujar ..Defendant Mr.Ram Upadyay for the Plaintiff-Applicant Mr J. Reis i/b/ Rajesh Kachare for the Defendant CORAM : R.Y.GANOO, J. DATED : 7th December , 2010 P.C. : 1. Heard learned Counsel for the parties. In the midst of hearing of the Notice of Motion, learned Counsel for the Plaintiffs applied for withdrawal of this notice of motion with liberty to file fresh motion with appropriate averments. It must be mentioned, that the defendant had denied the contentions mentioned in the affidavit in support by filing affidavit in reply. Since the motion is being withdrawn with liberty to file fresh motion, I have not given any reasons on the merits of the matter. 2 nms2963-09.sxw 2. In view of the above, following order is passed to dispose of the motion. ORDER i) Notice of Motion is allowed to be withdrawn with no order as to costs. ii) No specific liberty is required to be granted to the plaintiffs to take out motion in future. Plaintiffs are free to do the needful to protect their interest if facts require them to do so. [R.Y.GANOO, J.]