1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7714 OF 2009 Kisanlal Maganlal Purohit .. Petitioner versus Mira Bhayandar Municipal Corporation & Ors. .. Respondents Mr.P.K.Dhakephalkar, Sr.Counsel i/by Mr.A.P.Mhatre for the petitioner. Mr.S.K.Chaturvedi i/by M/s.Chaturvedi & Associates for respondent No.1. Mr.K.S.Dewal for respondent No.2. CORAM : A.S.OKA, J. DATE : 8th September 2009. P.C.: . Not on board. Taken on board. 2. The learned senior counsel appearing for the petitioner prays that the petitioner may be permitted to withdraw the present suit being Regular Civil Suit No.597 of 2008 with liberty to institute a fresh suit in respect of subject matter of the claim made in the suit. I have heard the learned counsel appearing for the 2nd respondent. He states that initially the 2nd respondent was not made a party to the suit. The learned senior counsel appearing for the petitioner states that in the fresh suit which may be filed by the petitioner, the 2nd respondent will be impleaded as a party. 3. Considering the nature of the prayer made in the suit, a ground is 2 made out under sub-rule 3 of Rule 1 of Order XXIII of the Code of Civil Procedure, 1908 to grant permission to the petitioner to withdraw the suit with liberty to institute a fresh suit in respect of the subject matter of the suit. 4. The suit is permitted to be withdrawn with liberty as aforesaid. The learned counsel appearing for the 2nd respondent on instructions states that for a period of three weeks from today, the 2nd respondent will not persue the building plan submitted for approval of the local authority. The said statement is made without prejudice to the rights and contentions of the 2nd respondent. If a fresh suit is filed by the petitioner, the application for interim relief which may be made therein will be decided without being influenced by the aforesaid statement made by the learned counsel for the 2nd respondent. 5. The writ petition is disposed of in above terms. The trial Court will pass a formal order in the suit on the basis of this order on production of an authenticated copy of this order. All contentions of the parties on merits of the suit proposed to be filed by the petitioner are expressly kept open. (A.S.OKA,J)