1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR Second Appeal No. 107/2003 -------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. ---------------------------------------------------------------------------------------------------- CORAM : A.P. Lavande, J . Dated : September 28, 2006 Heard Mr. Deshpande, Advocate for the appellant and Mr. Deopujari, AGP for the respondents. This appeal has been filed against the judgment and decree dated 11.8.99 passed by Joint District Judge, Amravati in Regular Civil Appeal No.24/91 allowing the appeal filed by the respondents herein against judgment and decree dated 31.12.1990 passed in Special Civil Suit No. 145/1988 by Civil Judge, Sr. Dn. Amravati. The appellant filed the above suit for recovery of money against respondents. The trial Court decreed the suit. However, the appeal preferred by the respondents has been allowed by the lower appellate Court. 2 Mr. Deshpande, learned Advocate for the appellant submits that the appellant- plaintiff ought to have filed proceedings before Maharashtra Administrative Tribunal at Nagpur in respect of the claim made by him in the suit and on account of wrong advice, he filed the above suit. He further submitted that since the suit filed by the plaintiff-appellant was not maintainable this appeal is also not maintainable. Therefore, Mr. Deshpande seeks leave to withdraw this appeal with liberty to file appropriate proceedings before Maharashtra Administrative Tribunal at Nagpur. In view of the above, the appellant is permitted to withdraw the appeal. Needless to mention that in case the appellant files proceedings before Maharashtra Administrative Tribunal, Nagpur, the same shall be dealt with in accordance with law, subject to limitation. Appeal stands dismissed as withdrawn in the aforesaid terms with no order as to costs. JUDGE A.