: 1 : 3085-11-wp.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3085 OF 2011 S.T. Zunka Bhakar Kendra .. Petitioner v/s. Divisional Controller, Maharashtra State Transport Corporation Satara Division, Satara .. Respondent ......... Mr. Uday P. Warunjikar for the petitioner Mr. G.S. Hegde for the respondent ......... CORAM : R.Y.GANOO, J DATE : 28th SEPTEMBER,2011. P.C. : 1. The petitioners herein filed R.C. Suit No.370 of 2010 in the Court of learned Civil Judge, Senior Division, Satara to seek permission from the respondent. If the plaint is perused, it indicates that petitioners desire that they can be removed from the suit site by following due process of law. No doubt, interim relief application has been dismissed at the trial Court level as also at the lower appellate Court level. As the matter was called, learned Counsel Mr. Hegde appearing on behalf of respondent upon : 2 : 3085-11-wp.sxw instructions from his clients makes a statement that for eviction of the plaintiffs, the respondent shall adopt due process of law. The statement made by learned advocate for the respondent is noted. 2. Learned advocate for the petitioner states that in view of this statement, he would like to withdraw the suit. Upon instructions from the petitioners, learned advoate Mr. Warunjikar for the petitioners seeks permission to withdraw the suit by making appropriate application in the trial Court. If petitioner is of the view that the respondent has not accounted for the monies which the petitioner has deposited and other related aspects petitioner is free to file separate proceedings. The recovery of possession by the respondent has nothing to do with settlement of account between the petitioner and the respondent. Learned advocate for the petitioner upon instruction makes a statement that he will withdraw the suit within a period of 10 days from today. With the aforesaid discussion, this petition stands disposed of in the above terms with no order as to costs. (R.Y.GANOO, J.)