.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1786 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr. Indu Prakash Tripathi i/b Mr.C.K. Tripathi for the appellant. Mr.J.J. Xavier for the respondent. CORAM : D.G. KARNIK, J. DATE : 8TH OCTOBER 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the appellant. 2. This appeal is directed against the judgment and order passed in L.C. Suit No.4634 of 2005. Suit has been dismissed on a technical ground that the description of the property is not proper. In view of this technical defect, the appellant seeks to withdraw the suit with liberty to file a fresh suit on the same cause of action. Leave granted. 3. The suit is disposed of as withdrawn with liberty to file fresh suit - 2 - on the same cause of action. 4. In view of the withdrawal of the suit, the appeal does not survive and stand disposed of. 5. It is however directed that the Corporation shall not take action for demolition of the structure for a period of 6 weeks. (D.G. KARNIK, J.)