1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AIRAMGANAD SECOND APPEAL NO.247 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM: P.R.BORKAR, J. Date : June 16, 2010 1. Heard Shri H.V.Patil, Advocate for the appellant. Appeal is placed on board for admission. 2. Appellant is original plaintiff who has filed suit for possession of encroached portion of 6 R. out of Gat No.22 of village Kamtha as disclosed in the plaint. 3. The courts have dismissed the suit and the first appeal on the ground that no notice was given to the defendants before measurements and the measurements carried out were defective. 2 4. Shri H.V. Patil, learned advocate for the appellant seeks liberty to withdraw this second appeal, so also original suit with liberty to get the land measured afresh and then file fresh suit, if required. 5. In the facts and circumstances of the case, the appeal and the suit are allowed to be withdrawn and disposed of as such, with liberty to carry out fresh measurement and file fresh suit on the basis of fresh cause of action. Second Appeal disposed of. pnd/247.10 (P.R.BORKAR, J.)