:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1257 OF 2008 WITH CIVIL APPLICATION NO.3210 OF 2008 Yeshwant V.Tambe and ors. ..Appellants. Vs. Narayan G. Mestry and ors. ..Respondents. Mr.A.N.Jakhadi for the Appellants. Mr. P.K. Dhakephalkar with Vaibhav Bodke for the Respondents. CORAM: R.S. MOHITE, J. DATE : 23rd June,2008 P.C. P.C. P.C. 1. Heard both sides. 2. This is a first appeal filed by the appellants against the Judgment and order dated 3.5.2008 passed by the Judge, City Civil Court in Notice of Motion No.909 of 2008. After hearing both the sides matter can be disposed of at the stage of admission. Since both the parties are present before the court. Admit. By consent, matter is heard forthwith. 4. It appears that the suit was dismissed as the notice under Section 164 of the Maharashtra Co.op. Societies Act was not given though one of the defendant was co-operative society. In my view, ends of justice would be met if the impugned judgment and order is set aside and the suit No.262 :2: of 2007 is allowed to be withdrawn with liberty to file a fresh suit after giving notice under Section 164 of the Maharashtra Co.op. Societies Act. The Advocate for the appellant states that he is agreeable to withdraw the said suit if liberty as prayed for is granted. In the circumstances, appeal is partly allowed. The impugned judgment and order is set aside and the appellants are permitted to withdraw the suit No.262 of 2007 with liberty to file fresh suit after giving notice under Section 164 of the aforesaid Act. C.A.NO.3210 OF 2008 IN F.A.NO.1257 OF 2008 1. As the main appeal is partly allowed, civil application does not survive and the same stands dismissed. (R.S. MOHITE, J.)