1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7361 OF 2011 Ramadhar R. Kurmi ...Petitioner Versus Rev. Father Joseph Pareira & Others ...Respondents Mr.A.S.Uraizee and M.V.Singh i/b.V.V.Mishra for the Petitioner Mr.Vishal Kanade a/w. Jyoti Sinha i/b/ Negandhi Shah and Himayatulla for the Respondent CORAM:- R.Y.GANOO, J. DATED:- 11th OCTOBER, 2011. P.C. 1. The petitioners had filed Short Cause Suit No.601 of 2001 in the City Civil Court at Bombay. They secured an order of injunction against the respondents. Thereafter Chamber Summons No.74 of 2002 was filed for amendment of the plaint. That Chamber Summons has been rejected by the learned Judge of the City Civil Court by order dated 10.1.2011. That order is challenged in this 2 petition. 2. After some argument, learned Advocate appearing on behalf of the petitioner submitted that the petitioner wishes to withdraw the Short Cause Case No. 6001 of 2001 and he wants to file fresh suit incorporating proper averments as also annexing all the documents on the basis of which petitioner wants to seek appropriate relief. Hence, following order is passed: ORDER i) Petitioner is allowed to withdraw the Short Cause Suit No. 6001 of 2001. He is granted liberty to file fresh suit for reliefs which are sought in the aforesaid Suit No.6001 of 2001 by incorporating appropriate averments and by annexing all necessary documents. If any order of injunction is running in favour of the petitioner and against the respondent, that order of injunction shall prevail against the respondent till 8.11.2011. After filing of the fresh suit, the petitioner will have to take out fresh application for interim relief on the basis of new plaint, and will have to make out case afresh for seeking interim relief. If any of such suit is filed all contentions are 3 left open. This Court has not expressed any views on the merits of the case. iv) With the aforesaid directions this petition is disposed of with no order as to costs. v) If new suit is filed, respondent is free to decide the suit on merits by taking into consideration all the contentions. (R.Y.GANOO, J.)