1 nms2827-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2827 OF 2010 IN SUIT NO.2625 OF 2010 Sonal K.Patel .. Plaintiff Vs. Himanshu D. Desai .. Defendants Mr.Gautam Patel a/w Ms.Sheetal Shah i/b M/s.Mehta and Girdharlal for the plaintiff Mr.R.Narula a/w Mr.P.S.Bhosale i/b M/.J. Narula and Associates for the defendants CORAM : S.C.Dharmadhikari, J. DATE : December 21, 2010 P.C. : 1. Mr.Patel, the learned counsel appearing on behalf of the plaintiff states that although the notice of motion is listed for ad interim relief, the suit itself be placed on daily board for withdrawal as his instructions are to apply for the said relief. 2. At the request of Mr.Patel and since there is no objection to this, the suit is placed on the daily board under the caption of withdrawal and called out. At the request of the plaintiff, the suit is allowed to be withdrawn with 2 nms2827-10 liberty to file a fresh suit in respect of the same subject matter. 3. Leave to withdraw the suit is granted with liberty as prayed. Suit is dismissed as withdrawn with liberty. Notice of Motion No.2827 of 2010 does not survive in the light of the withdrawal of the suit. It is prayed that for a period of 4 weeks from today the status quo as of today in respect of the suit property shall be maintained. Without prejudice to the rights and contentions of the parties, the statement of Mr.Narula that for a period of 4 weeks from today, the suit premises will not be transferred or alienated in any manner, is accepted as an undertaking to this court. Needless to state that this statement will come to an end after a period of 4 weeks without any reference to the court. Refund of court fee as per rules, if sought for. ( S.C.Dharmadhikari, J. )