pvr １ A214-215-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.214 OF 2011 IN NOTICE OF MOTION NO.3711 OF 2010 IN SUIT NO.3278 OF 2010 1.Gopinath Mahadev Koli & Anr. ...Appellants vs. 1.M/s.Buildcube Constructions Pvt.Ltd. & Ors. ...Respondents --- Mr.P.G.Lad, for Appellants. Mr.D.D.Madan, Sr.Adv. i/b. Deepak Chitnis- Chiparikar, for Respondent nos.2 to 5. AND APPEAL NO.215 OF 2011 IN NOTICE OF MOTION NO.3623 OF 2010 IN SUIT NO.3231 OF 2010 1.Gopinath Mahadev Koli & Anr. ...Appellants vs. M/s.Shreenath Builders. ...Respondent --- pvr ２ A214-215-11 Mr.P.G.Lad, for Appellants. Mr.A.Y.Bookwala, Sr.Adv. i/b. Deepak Chitnis- Chiparikar, for Respondent. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 8th August,2011. P.C.:- 1. By these appeals, the appellants challenge the order passed by the learned Single Judge in Notice of motion no.3623 of 2010 in Suit no.3231 of 2010 and Notice of Motion no.3711 of 2010 in Suit no.3278 of 2010. Both these notices of motion are permitted to be withdrawn with liberty to take out fresh notices of motion claiming same reliefs. As a result of withdrawal of the notices of motion, order dated 15.2.2011 passed in those notices of motion does not survive for consideration, rendering these appeals infructuous. By consent of parties, the pvr ３ A214-215-11 respondents-plaintiffs in both the suits are granted leave to amend the plaints in terms of the amendment handed in. The defendants to file written statements to the amended plaint within a period of Eight Weeks from today. The appeals are disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)