IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 158 OF 2008 NO. 158 OF 2008 NO. 158 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.2110 OF 2006 OF MOTION NO.2110 OF 2006 OF MOTION NO.2110 OF 2006 IN IN IN SUIT SUIT SUIT NO. 1810 OF 2006 NO. 1810 OF 2006 NO. 1810 OF 2006 Raja Dashrath Yadav & Ors. ...Appellants. (Org.Plaintiffs) Versus Dilip Vimalnand Koopikar & Ors. ...Respondents (Org.Defendants) Mr.Kevic Setalwad i/by Mr.V.V.Mishra for the Appellants. Mr.Kaizal Kharawala i/by M/s. R.K.Associates for Respondent No.1. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 15TH SEPTEMBER, 2008 : 15TH SEPTEMBER, 2008 : 15TH SEPTEMBER, 2008 P.C. P.C. P.C. . Mr.Kevic Setalwad, the learned counsel for the Appellants states that he wants to file an application before the learned Single Judge to withdraw the main Suit with liberty to file a fresh suit on the same cause of action and therefore, he may be allowed to withdraw this Appeal. Appeal is allowed to be withdrawn. ( 2 ) 2. We make it clear that we have not dealt with the prayer of the present Appellants in respect of permission for withdrawal of the suit with liberty to file a fresh suit on the same cause of action. The same shall be dealt with by the learned Single Judge on its own merits after hearing both the sides. 3. The Appeal is, accordingly disposed of as withdrawn. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)