1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3753 OF 2010 IN SECOND APPEAL NO. 857 OF 2009 WITH CIVIL APPLICATION NO. 12466 OF 2009 WITH CIVIL APPLICATION NO. 12465 OF 2009 WITH CIVIL APPLICATION NO. 1400 OF 2010 WITH CIVIL APPLICATION NO. 5029 OF 2010 AND SECOND APPEAL NO. 857 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 23.04.2010 1. This Civil Application is filed for two prayers in the alternative. One is to remand the matter by giving fresh opportunity for amending the pleading and leading evidence and second is to allow the applicant / appellant / plaintiff to withdraw the main suit bearing Regular Civil Suit No. 193 of 1999 with liberty to file fresh suit. 2. Heard Adv. Shri A.S. Bayas 2 for the applicant and Adv. Shri S.G. Chapalgaonkar for the respondent. It is case of the appellant that in his land the respondent has made encroachment. However, he has not given boundaries and he intends to give the same and file fresh suit. In the circumstances, after hearing both sides, the appellant/plaintiff is allowed to withdraw the main Suit bearing No. 193 of 1999 with liberty to file fresh suit after following provisions of Order VII Rule 3 of the Code of Civil Procedure, in respect of same subject matter on some cause of action. The suit be decided on its own merit. 3. Accordingly, the Civil Application is allowed in terms of prayer clause (C) and disposed of. The Second Appeal and other connected Civil Applications no more survive and they are disposed of as such. [P.R. BORKAR,J.] snk/2010/APR10/ca3753.10