1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.682 OF 1989 Gulam Mohammed Sharif .. Plaintiff Versus Rafiuddin Dawood Shariff & Ors. .. Defendant Mr.M.Khandeparkar with A.A.Lokhandwala i/b. Lokhandwala & Co. for plaintiff Ms.R.C.Nichani for defendant No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : 29th August 2009. P.C.: 1] The order passed on 3rd August 2009 is recalled by consent and instead the suit is placed for withdrawal. 2] It is stated that the suit has abated and stands dismissed as against the defendant Nos. 2 and 3. The plaintiff does not desire to have the abatement set aside. Further the plaintiff has instructed his Advocate to withdraw the suit as against the defendant No.4. The suit is, therefore, 2 dismissed as withdrawn as against defendant No.4. 3] As far as plaintiff and defendant No.1 are concerned, minutes of order duly signed by the plaintiff and defendant No.1 so also their Advocates are tendered and a request is made that in the light of the agreement reached and recorded therein, the plaintiff desires to withdraw the suit against the defendant No.1 as well. 4] The minutes of the order are taken on record and marked "X" for identification. In the light of the minutes of the order tendered and taken on record, the suit is allowed to be withdrawn and disposed of as such. Refund of court fees as per rules. No costs. All interlocutory proceedings do not survive in the light of withdrawal of the suit and the interlocutory orders passed therein shall stand vacated forthwith. (S.C.DHARMADHIKARI, J)