1 WP No.4963/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4963 of 2011 K.G. Awate and others ... Petitioners versus The Maharashtra Housing and Area Development Board ... Respondent ... Mr.Rajesh Singh for the petitioners Mr.Bipin Joshi i/b M/s.Mukesh Shah & Co. for respondent no.6. CORAM : D.G. KARNIK, J DATED : 1st August 2011 P.C. 1. Learned counsel for the petitioners state that petitioners want to move the trial court for withdrawal of a suit with liberty to file a fresh suit by making an application under Order 23 of the Code of Civil Procedure. Petitioners therefore seek leave to withdraw the petition with liberty to move the trial court as above. Petition is disposed of as withdrawn with liberty as above. It is clarified that if an application for withdrawal of the suit is made under Order 23 of the Code of Civil Procedure, the trial court shall consider it on its own merits. (D.G.KARNIK, J)