:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2150 OF 2008 Shri Govind Hiraji Patil and ors. ..Appellants Vs. M/s. Saini Hotels Pvt. Ltd. ..Respondents Mr. Jayesh Bhatt for appellants. Mr. A.A. Kumbhakoni i/by Mr. Sandesh Patil for respondent. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 16, 2009. Date : January 16, 2009. Date : January 16, 2009. P.C.: P.C.: P.C.: . Mr. Bhatt the learned counsel for the appellants, on taking instructions, seeks leave to withdraw the suit so as to file a fresh suit under Order 7 Rule 13 read with Order 23 Rule 1 of C.P.C. . Leave granted and, therefore, the appeal does not survive. The appeal is disposed as such. :2: (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)