1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7973 OF 2011 Nagnath Shankar Nimbalkar ...Petitioner Versus Bhagwan Nivrutti Nimbalkar & Others ...Respondents Mr.Uday Warunjikar for the Petitioner Mr. Suresh Shah for the Respondent with WRIT PETITION NO.6710 OF 2011 Balasaheb Sopan Nimbalkar ...Petitioner Versus Changdev Shankar Nimbalkar & Others ...Respondents Mr.Surel Shah for the Petitioner Mr.Uday Warunjikar for the Respondent CORAM:- R.Y.GANOO, J. DATED:- 18th OCTOBER, 2011. P.C. 1. After some arguments, learned Advocate Mr. Warunjikar appearing 2 on behalf of the petitioner-original plaintiff No.4 informs the court that all other plaintiffs in the suit are joined as respondent as they were not available at the time of filing of the petition. Learned Advocate Mr. Warunjikar, upon instructions, applied for withdrawal of the Regular Civil Suit No.75 of 1995 filed by the petitioner and other co-respondents who are plaintiffs in the aforesaid suit in the Court of Civil Judge, Junior Division, Karmala with liberty to file fresh suit for reliefs which are claimed in this suit as also other appropriate reliefs taking into consideration the averments in the plaint which is already filed as also additional averments which were sought to be put up in the amendment application. 2. Learned Advocate Mr. Warunjikar states that the petitioner and the other co-respondents who are plaintiffs in the aforesaid suit shall present the pursis in the trial court as regards request made by this court for withdrawal of the suit and grant of the same. 3. The request made by learned Advocate Mr. Warunjikar, which is upon instructions from his client, is granted. Regular Civil Suit No. 75 of 1995 filed in the Court of Civil Judge, Junior Division, 3 Karmala, District Solapur is allowed to be withdrawn with liberty as prayed for with no order as to costs. Refund of court fee be granted as per rules. 4. This court has not expressed any views on the merits of the entire matter including the amendment application and the order passed below it. 5. In view of the aforesaid order, nothing survives in this writ petition, same is allowed to be withdrawn with no order as to costs. WRIT PETITION NO.6710 OF 2011 6. On account of withdrawal of the suit which is filed in the Court of Civil Judge, Junior Division, Karmala, being Regular Civil Suit No. 75 of 1995, nothing survives in this petition. At the same time, it is clarified that the present petitioners who are defendants will be free to take appropriate contentions in the new suit which will be filed, including the contentions as regards law of limitation. (R.Y.GANOO, J.)