1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 6263 OF 2011 M/s. Sathi Builders & Developers ...Petitioners Versus Shri Ghanshyam Rathunath Veta & Others ...Respondents Mr.V.A.Thorat, Sr. Counsel, i/b. Uday Warunjikar for the Petitioners Ms.Aparna Shinde i.b. Dhir & Dhir Associates for the Respondent No.23 Mr.A.A.Pande with Mehul Rathod for Respondent No.22 Mr.R.P.Ojha for the Respondent Nos.2 to 11 and 13 to 19 CORAM:- R.Y.GANOO, J. DATED:- 26th SEPTEMBER, 2011. P.C. 1. By this petition, the petitioners are challenging the order dated 5th July, 2011 passed by learned 3rd Joint Civil Judge, Senior Division, Thane in Special Civil Suit No. 304 of 2011. By aforesaid order, the application filed by the original defendant no.22 has been granted and application filed by the present petitioners for amendment of the 2 plaint has been rejected. 2. Learned Senior Counsel appearing on behalf of the petitioners submits that instead of challenging the impugned order dated 5th July, 2011, the petitioners may be permitted to withdraw this Special Civil Suit No.304 of 2011 and the petitioners be permitted to file fresh suit with appropriate averments for the reliefs which are similar to the one asked in this Special Civil Suit No.304 of 2011. Parties appearing before this Court, through learned Advocate inform the court that as of today there is no interim relief running against any of the persons who are shown as defendants in the present suit. It is to be noted that since the petitioners are seeking permission to withdraw the aforesaid suit, presence of all the persons who are shown as defendants in the said suit is not required so as to grant the said permission. In view of the above, following order is passed. ORDER i. The petitioners are permitted to withdraw Special Civil Suit No.304 of 2011. They are granted liberty to institute a fresh suit for causes of action which are reflected in Special Civil Suit No.304 of 3 2011 and for appropriate reliefs, may be similar to reliefs which are sought in aforesaid Special Civil Suit No.304 of 2011. Needless to mention that the petitioners in the new suit are permitted to file application for appropriate interim relief which will be application at Exhibit 5. All questions in respect of the suit to be filed and application to be made are left open and persons who will be shown as defendants in the said suit will be free to oppose the said suit as well as interim relief application which will be made by the present petitioners. 3. Petition stands disposed of in above terms with no order as to costs. 4. It is clarified that in view of the grant of request to withdraw the suit the application at Exhibit 21 does not survive and the same stands disposed of. (R.Y.GANOO, J.)