vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2443 OF 2007 NOTICE OF MOTION NO.2443 OF 2007 NOTICE OF MOTION NO.2443 OF 2007 IN SUIT NO.921 OF 2007 Ajit Madhukar Patil ... Plaintiff V/s. Shridhar Mahadeo Katdhare & Ors. ... Defendants Mr.I.G. Shukla for Plaintiff in support of Motion Mr.V.S. Kapse for Defendant No.1 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JANUARY 18, 2008 JANUARY 18, 2008 JANUARY 18, 2008 P.C.: P.C.: P.C.: . Defendant No.1 in his affidavit filed in reply to this Motion has averred that the property in question cannot be developed as this Court has stayed any development on the property in Writ Petition No.1152 of 2002 as the proposed development is under reservation for a recreation ground. The petition is still pending in this Court. In view of this, the plaintiff seeks liberty to withdraw the Motion and file a fresh Motion in case the stay granted in the writ petition is vacated. Defendant No.1 shall intimate the plaintiff if the stay in the aforesaid writ petition is vacated, without prejudice to his rights and contentions in this suit. 2. Notice of Motion allowed to be withdrawn with : 2 : liberty as prayed for and dismissed as such.