: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SECOND SECOND SECOND APPEAL NO. 730 OF 2004 APPEAL NO. 730 OF 2004 APPEAL NO. 730 OF 2004 Smt. Sushilabai Bala Kshirsagar. ... Appellant. V/s. Shri. Balu Yeshwant Baravkar & Ors. ... Respondents. Mr. S.M. Sabrad for the Appellant. None for the Respondent. CORAM CORAM CORAM : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. 11TH 11TH 11TH JULY 2007. JULY 2007. JULY 2007. P.C. P.C. P.C. :- :- :- . Both the Courts below have correctly come to the conclusion that the filing of a fresh suit was barred by Order XXIII Rule 4 of the Code of Civil Procedure, 1908, in view of the unconditional withdrawal of the earlier suit. 2. The appeal does not raise any substantial question of law and is accordingly dismissed. ----