1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO. 511 OF 2009 IN WRIT PETITION NO. 797 OF 2009 (Nagpur Housing Agency .v. Maroti Chindhuji Sathwane and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.L. Khapre, Advocate for the appellant. Shri A.S. Jaiswal, Advocate for the respondent Nos.1 to 3. Shri A.M. Quazi, Advocate for the respondent No.4. CORAM : D.B. BHOSALE AND PRASANNA B. VARALE, JJ. 08TH JULY, 2010. Heard learned Counsel for the parties. This LPA is directed against the order dated 24.06.2009 passed by the learned Single Judge in Writ Petition No. 797 of 2009. By that writ petition, the appellant had challenged the order dated 17.01.2009 passed by the learned Civil Judge, Senior Division, Nagpur rejecting the amendment application filed by the appellant. Learned Counsel for appellant at the outset, on instructions, submits that the appellant may be permitted to withdraw the amendment application (Exh.75) itself, that was filed before the learned Civil Judge, Senior Division in Regular Civil Suit No. 1630/2004, with liberty to the appellant to file independent suit for specific performance of the agreement dated 02.11.2002. Learned Counsel for the respondents have no objection for allowing the appellant to withdraw the application for amendment. However, they submit that their contentions regarding limitation in respect of the suit that appellant proposes to file, may be kept open so also the other objections as may be available in law. In the circumstances, we dispose of this LPA by following order. 2 The application for amendment (Exh.75) filed by the appellant in Regular Civil Suit No. 1630 of 2004 before the learned Civil Judge, Senior Division, Nagpur is allowed to be withdrawn and as a consequence thereof the orders passed on that application by the learned Civil Judge, Senior Division so also the learned Single Judge dated 24.06.2009 render ineffective. It is open for the appellant to file suit for specific performance of the agreement dated 02.11.2002 and for other consequential relief, if it so desires. In case if any such suit is filed by the appellant, all contentions of the respondents including its maintainability and the issue of limitation are kept open. It is also open to the appellant to file appropriate application for clubbing the suit that it proposes to file with Regular Civil Suit No. 1630 of 2004. If any such application is filed, the Court below shall consider and decide the same in accordance with law and after giving an opportunity of hearing to the respondents. All contentions of the respondents in respect thereof are kept open. While passing this order, we shall not be understood to have expressed any opinion on merits of the case. JUDGE JUDGE *rrg.