1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.1471 OF 2002 Dayaram Babunandan Yadav ..Plaintiff. Vs. Union of India and another ..Defendants. .... Mr. Bharat Vaishnawa for the Plaintiff. Mr. Mandar Goswami with Mr. D.A. Dubey i/b H.D. Rathod for Defendants 1 and 2. .... CORAM: DR. D.Y. CHANDRACHUD, J. 17th January, 2008. P.C. : The suit was instituted in order to impugn a notice issued by the Chief Administrator, Naval Area, Colaba calling upon the original Plaintiff to vacate the premises of stall 64(S) at the Old Market, Old Navy Nagar, Colaba, Mumbai. On 26th April, 2002, a statement was made on behalf of the Defendants before a Learned Single Judge that the Defendants will not evict the Plaintiff without due process of law. The Notice of Motion was accordingly disposed of in terms of the aforesaid statement. The Plaintiff subsequently expired on 23rd November, 2007 and an oral direction was given to his legal representatives to close down the business. 2 Accordingly, a Chamber Summons was taken out for bringing the legal representatives on record and a Notice of Motion was taken out for interim protection. The Chamber Summons has been allowed. At the hearing of the Motion, a statement has been made on behalf of the Defendants that the Defendants will take recourse to their remedies under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 or such other remedies as are open in law to secure an order of eviction against the legal representatives of the original Plaintiff. In view of the aforesaid statement, consequential directions have been issued to the effect that until an order of eviction is passed by a duly constituted authority, no coercive steps will be taken. In view of the aforesaid directions, nothing further would survive in the suit. Counsel appearing for the Plaintiff seeks permission of the Court to withdraw the suit. The suit is permitted to be withdrawn.