1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.276 of 2006. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. Mr.Latange, learned advocate states that the plaintiffs are willing to withdraw the suit if leave is granted to file afresh suit for the reliefs about which the amendment was sought. The plaintiffs had filed suit for declaration and injunction. They sought amendment to the pleadings seeking relief of partition and possession. Since the reliefs were inconsistent with each other, the amendment application was rejected. 3. There is no merit in the petition. However, the petitioners' request for withdrawal of the suit with leave to file afresh suit shall be considered by the trial Court and they may be permitted to withdraw the same as prayed for. With these observations, the petition is dismissed. No costs. (V.R.KINGAONKAR,J.) Dt.15.01.2010. asp/office/wp276.06