1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1047 OF 2006 Jal Aria .. Plaintiff Versus Zarinabai Asgarali & Anr. .. Defendants Mr.S.Jagtiani i/b. Desai Dewanji for plaintiff Ms.Henna Daulat i/b. Khaitan & Jayakar for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 28th June 2006 P.C. . Mr.Jagtiani, learned Advocate appearing for plaintiffs seeks leave to withdraw the present suit with liberty to file fresh suit. In 2 his submission, the second defendant has expired before institution of the suit and now plaintiff desire to file a fresh suit against first defendant and the heirs of the deceased defendant No.2. 2. Leave granted. Suit is dismissed as withdrawn with liberty as prayed. Refund as per rules. (S.C.Dharmadhikari, J)