1 SA54/2008. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. SECOND APPEAL NO.54 OF 2008. Dattatraya Vithal Labhshetwar died by L.Rs. 1. Sushilabai w/o Dattatraya Labhshetwar & others. ...Appellants. (Ori.Plaintiff's L.Rs.) Versus Maroti Gangaram Karpe ...Respondent. (Ori. Defendant. ) ... Mr.Vivek Bhavthankar, Advocate for the appellants. Mr.V.P.Kadam, Advocate h/f Mr.S.V.Kurundkar, Advocate for the respondent. ... CORAM: A.V.NIRGUDE,J. Date : 21st July, 2009. COURT'S ORDER: 1. Head. 2 SA54/2008. 2. By consent following order is passed. (i)The appeal is allowed to be withdrawn. It is dismissed. The appellants/plaintiffs, are given liberty to file a fresh suit on the same cause of action, after getting a joint measurement of the land done. Mr.Kadam, learned Advocate for respondent/defendant's stated that, his client would cooperate in the work of measurement. (A.V.NIRGUDE,J.) lkp.