: 1 : 8433-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8433 OF 2011 IN S.C. SUIT NO. 1928 OF 2011 Lalita Jha .. Petitioner v/s. Kisan Atmaram Patel & Ors. .. Respondents ......... Mr. M.S. Menon i/b A.A. Siddiquie for the petitioner Smt. P.S. Cardozo, AGP for respondent State ......... CORAM : R.Y.GANOO, J DATE : 19th OCTOBER,2011. P.C. : 1. Heard learned advocate Mr. Menon for the petitioner. Learned advocate Mr. Menon upon instructions submits that it is the case of the petitioner that defendant nos. 1 and 2 joined hands with the police officers and all these persons dis-possessed the plaintiffs from the suit premises without following the due process of law. Learned advocate Mr. Menon upon instructions from his client applies for withdrawal of the suit with : 2 : 8433-11-wp=.sxw liberty to file a fresh suit against defendant nos. 1 and 2 and the police officers by making appropriate averments on the same cause of action. The request made by learned advocate for the petitioner is fair. In view of this request, the impugned order dated 1st October, 2011 passed by learned Judge of the City Civil Court, Dindoshi, Bombay in Suit No.1928 of 2011 is set aside and liberty as sought by the petitioner is to be granted. Hence, this petition is disposed of by passing following order. ORDER (i) The petitioner is permitted to withdraw Suit No.1928 of 2011 filed by him in the City Civil Court at Bombay. The petitioner is granted liberty to file a fresh suit against the present defendant nos.1 and 2 in the aforesaid suit. (ii) The petitioner is also permitted to join the police officers in the new suit to be filed. (iii) The petitioner to make appropriate averments in the said suit. The said suit can be filed on the same cause of action, which was put up : 3 : 8433-11-wp=.sxw in the present plaint and for the same reliefs in aforesaid Suit No. 1928 of 2011. In view of this order, order passed by the learned Judge City Civil Court on 1st October 2011 is set aside. All questions are left open. (R.Y.GANOO, J.)