Ast 1 sa6.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 6 OF 2009 WITH CIVIL APPLICATION NO. 1525 OF 2008 IN SECOND APPEAL NO.6 OF 2009 Vithoba Ganpat Murkar. ... Appellant. Vs. Narayan Gunaji Murkar ... Respondent. -------------- Mr. Rakesh Bhatkar for Appellant. Mr. P.S.Dani for Respondent. -------------- CORAM : V.R.KINGAONKAR, J. DATE : APRIL 23, 2010. P.C. 1. Heard learned Counsel for the parties. The appellants are original plaintiffs. Their suit for injunction was dismissed by the trial Court and the first appellate Court. The Counsel would submit that issue regarding tenancy right of the respondent is pending for adjudication before the Maharashtra Revenue Tribunal(MRT). He seeks leave to withdraw the suit itself, with liberty to file a fresh suit after adjudication of the tenancy Ast 2 sa6.09.sxw issue by the MRT. Leave granted. The suit is allowed to be withdrawn with liberty as mentioned and sought for. The appeal is accordingly, disposed of. All the questions are kept open in the context of fresh suit, if filed. No costs. 2. In view of disposal of the appeal, nothing survives in the civil application. Civil Application disposed of. [ V.R.KINGAONKAR, J ]