: 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 ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO.1301 NO.1301 NO.1301 OF 1990 OF 1990 OF 1990 Vijaysinh Jivandas Kapadia alias Negandhi .. Plaintiff. Versus Dr.Vasudeo Jagannath Kulkarni .. Defendant. Mr.P.Torani for plaintiff. Plaintiff is present in person. Mr.C.D.Deogirikar for defendant. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 8th January, 2008. : 8th January, 2008. : 8th January, 2008. P.C.: P.C.: P.C.: 1. Plaintiff alongwith his Counsel is present. 2. On the motion made by the learned Counsel appearing for the plaintiff, suit is allowed to be withdrawn and dismissed as such. Needless to mention that the plaintiff would be entitled for refund of Court fees, if any, as per rules. No order as to costs. : 2 : 3. Sofar as counter claim is concerned, learned Counsel appearing for the defendant (plaintiff in counter claim) submits that he has already informed the defendant about the date of hearing and also requested for instructions by his letter dated 11th December, 2007. He submits that he has not received any instructions from the defendant so far. For want of evidence, counter claim is dismissed. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)