: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3194 OF 2008 NOTICE OF MOTION NO.3194 OF 2008 NOTICE OF MOTION NO.3194 OF 2008 IN IN IN L.C.SUIT NO.948 of 1990 L.C.SUIT NO.948 of 1990 L.C.SUIT NO.948 of 1990 Jethalal Ravji of Bombay & Ors. .. Plaintiffs. Versus Jivandas Vithaldas Negandhi & Ors. .. Defendant. Mr.S.J.Thakkar i/b.Harakchand & Co. for plaintiffs. Mr.J.P.Sen i/b.D.Sett for defendant No.4. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 25th September, 2008. DATE : 25th September, 2008. DATE : 25th September, 2008. P.C. :- P.C. :- P.C. :- 1. As the notice of motion was being taken up for hearing, the learned Advocate for the defendant No.4 sought liberty to withdraw this motion with liberty to take out appropriate notice of motion with appropriate prayers so as to protect the interest of the defendant No.4, keeping in view all the earlier orders passed by : 2 : this court by which suit was ordered to be proceeded without filing of written statement. 2. In my view, liberty as sought by defendant No.4 can be granted in the peculiar facts and circumstances. In my view, this is not a case where defendant No.4 should be saddled with the costs of the motion. Hence, the order:- O R D E R O R D E R O R D E R i) Defendant No.4 is permitted to withdraw this motion with liberty to take out fresh notice of motion with appropriate reliefs so as to protect the interest of defendant No.4, keeping in view all the earlier orders passed by this court concerning not filing of the written statement by defendant No.4. ii) It is clarified that no views are expressed on the merits of the matter and all contentions which have been raised by the plaintiffs in this motion will be considered as and when the new motion is taken out. : 3 : (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)