2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 723 OF 2009 WITH CIVIL APPLICATION NO. 4291 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 29.03.2010 1. Adv. Shri S.Y. Mahajan is present for the appellant/applicant. He states that original suit was filed for possession against as many as 15 persons on the ground that said 15 persons made encroachment on the land of the appellant/applicant in collusion with each other. However, there was no specification of encroachment made by each of the defendant/respondent. There was also no sufficient description of the suit property to identify the encroached portions. Therefore, the appellant/applicant who is original plaintiff, wants to withdraw the Second Appeal and the suit with liberty to file fresh suit on same cause of action giving all details. 2 2. Heard Adv. Shri K.B. Jadhavar who appears for respondent Nos. 2 and 10. 3. In my opinion, after hearing both sides, the reason given by the appellant/applicant for withdrawal of appeal along with original suit is proper reason and in the circumstances withdrawal of Regular Civil Suit No. 207 of 2000 needs to be allowed, with liberty to file fresh suit on same cause of action, after giving proper identification of boundaries and area of encroachment made by each of the defendants. 4. So, said leave is granted and with said leave this Second Appeal No. 723 of 2009 is also allowed to be withdrawn and disposed of. 5. Civil Application No. 4291 is accordingly disposed of. [P.R. BORKAR,J.] snk/2010/MAR10/sa723.09