( 1 ) THIS application dated September 19th, 2003 has been filed by plaintifs 1,3,4 and 5 (hereinafter referred to as "the surviving plaintiffs') in civil Suit No. 199 of 2001. They pray for leave to withdraw the suit with liberty to institute a fresh one for similar reliefs. The suit was filed on April 17th, 2001 for the following reliefs :"a) Khas possession of the demised premises fully set out in the Schedule "b" hereto; b) Decree for Rs. 1,57,107/- as pleaded in Paragraph-10 hereinabove; c) Decree for Rs,27,09,968/- as pleaded in Paragraph-14 hereinabove; d) Mesne profits @ Rs. 2,000/- per diem after the date of expiry of lease until the date of delivery of khas possession of the demised premises; e) A decree for Rs. 15 lakhs as stated in Paragraph-18 above; alternatively, an enquiry into the damages suffered by the plaintiffs and a decree for such sum as may be found to be due upon such enquiry; f) Interim interest and interest on judgment @ 24% per annum; g) Receiver; h) Injunction; i) Attachment before judgment; j) Costs; k) Further and other reliefs. "

( 2 ) DURING pendency of the suit, on May 1st, 2002 plaintiff 2 (Beji minno Bulsara) died. The five plain