9. wp 9627-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9627 OF 2010 Baban Namdev Gharat & Ors .. Petitioners Vs Kachru Joma Joshi & Ors .. Respondents Mr. P.S. Dani for the Petitioners Mr. Sachin S. Punde for Respondent Nos. 1 to 5 Mr. Omkar V. Warange for Respondent Nos. 7 to 9 CORAM : D.G. KARNIK, J. DATE : 9th JUNE, 2011. P.C.: 1. Heard. 2. The petitioners are some of the original plaintiffs. They applied for withdrawal of a suit which was filed by them under Order I, Rule 8 of the Code of Civil Procedure. Their application for withdrawal of a suit appears to have been rejected on technical grounds namely that the plaintiffs had not complied with the earlier order directing to join certain persons as party defendants and that the application was not signed by all the plaintiffs. 1 9. wp 9627-10.doc 3. The learned counsel for the petitioners states that in view of technical defects, the petitioners seek permission to withdraw the application made for withdrawal of a suit with liberty to file fresh application after removal of all the defects. 4. In my view, the leave sought by the petitioners can be granted. Hence, I pass the following order: i. The petitioners are permitted to withdraw the application made for withdrawal of a suit. ii. Writ petition is disposed of in view of withdrawal of the application on which the impugned order was passed. [ D.G. KARNIK, J ] 2 9. wp 9627-10.doc 3