1. cra 926-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 926 OF 2010 M/s. Yash Construction Company .. Applicant Vs Mr. Aalya Mahadu Mhatre, (since deceased) through L.Rs. & Ors .. Respondents Mr. Uday Warunjikar for the Applicant Mr. P.S. Pathak for Respondent No. 17 CORAM : R. Y. GANOO, J. DATE : 6th SEPTEMBER, 2011. P.C.: 1. As the matter was called out, learned counsel appearing on behalf of the applicant pointed out the text of pursis at page 23 of the petition. By the said pursis, the applicant who is the plaintiff before the learned Civil Judge, Senior Division in Special Civil Suit No. 60 of 2005 manifested his intention to withdraw the suit unconditionally. 2. It appears that certain orders came to be passed on the basis of the said pursis and ultimately order dated 8th September 2010 below Exhibit 90 came to be passed which is impugned in this Revision Application. 1 1. cra 926-11.doc 3. Learned counsel appearing on behalf of the applicant reiterates the desire of the applicant to withdraw the suit. If this is the factual position, this Court can also allow the applicant to withdraw the said suit. Learned advocate Mr. Warunjikar upon instructions from applicant's partners, applied for withdrawal of the suit in terms of pursis at Exhibit 85 which came to be filed before the learned Civil Judge, Senior Division in Special Suit No. 60 of 2005. In view of the above, the suit is allowed to be withdrawn with no order as to costs. 4. In view of withdrawal of the suit, nothing survives in the said suit as also the impugned order passed therein after pursis dated 13th April 2010. All orders passed in the said suit after 13th April 2010 stand revoked. 5. The petition is disposed of in view of the aforesaid discussion as it does not survive. 6. There shall be no order as to costs. [ R. Y. GANOO, J ] 2 1. cra 926-11.doc 3