IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Appeal No. 231 of 2006 in Notice of Motion No.1525 of 2002 in Suit No.1715 of 2002 Prof. H.C.Patel and Ors. ..Appellants vs Kaushik H.Desai and Ors ..Respondents Mr.R.V.Govilkar for the appellants Mr N.S.Padia i/b Ms Uma Fadia for respondent no.1 Mr D.R.Mehta i/b Dhurve Liladhar & Co for the respondent No.2. CORAM: KSHITIJ R. VYAS, C.J., & ABHAY S. OKA,J. DATE: JULY 3, 2006. P.C.:- The learned counsel appearing for the appellants seeks leave to withdraw the appeal as well as the original suit with liberty to file fresh suit on the same cause of action. Leave granted. Consequently the order dated 27th October, 2005 passed by the learned single Judge in Notice of Motion No.1525 of 2002 in Suit No.1715 of 2002 is set aside. Needless to say that the respondent will be at liberty to raise all contentions including maintainability of the suit, that may be filed by the appellants. Accordingly appeal is disposed off. In view of the disposal of the main appeal, notice of motion taken out therein does not survive and same stands disposed off. CHIEF JUSTICE ABHAY S. OKA, J.