1 WP No.4621/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4621 of 2010 Shri Vasantrao Raosaheb Khanvilkar Deceased thru his Lrs Vijay Vasantrao Khanvilkar & ors. ... Petitioners. versus Shri Udaysingh Malojirao Naiknimbalkar Deceased thru his LR Ajitsingh Udaysingh Naiknimb alkar & ors. ... Respondents ... Mr.Avinash B. Avhad for the petitioners. CORAM : D.G. KARNIK, J DATED : 3rd December 2010 P.C. 1. The respondent no.1 who was the plaintiff in Regular Civil Suit No.135/83 made an application on 6 January 2009 stating that he does not wish to prosecute the suit and the same may be disposed of. By an order dated 9 July 2009, the Court disposed of the suit for non prosecution. That order is impugned in this writ petition. 2. Every plaintiff in a suit and every applicant in an application has an unconditional right to withdraw his suit or application as the case 2 WP No.4621/10 may be provided the withdrawal is unconditional and the plaintiff has not applied for any leave under Order 23 for permission to file fresh proceedings on the same subject matter. Consequently, I find no error in the order passed by the Court disposing of the suit for non prosecution. Writ Petition is rejected summarily. (D.G.KARNIK, J)