:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 409 OF 2008 W I T H WRIT PETITION NO. 411 OF 2008 Shri. Shashikant M.Shah ....Petitioner Versus Shri.Bharat H.Shah and anr. ....Respondents ====== S.V.Gavand Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. 29th January, 2008. P.C. P.C. P.C. : : : 1. The petitioner desires to withdraw his suit with liberty to file a fresh suit which permission has been denied. 2. The specific case of the petitioner is that the present suit suffers from a technical defect and that :2: :2: :2: is why he desires that the court should grant him permission to withdraw the suit with liberty to file a fresh suit. The application is rejected on the ground that the petitioner does not set out the details of the alleged technical defect. In that view of the matter, without disturbing the impugned order, it is directed that the petitioner is at liberty to make a fresh application seeking withdrawal of the suit and that application will be considered on its own merits and in accordance with law uninfluenced by the earlier order. Petition is disposed off. No costs. sd/- *******