1. Learned counsel appearing for the appellant would seek permission of the Court to withdraw this appeal with liberty to move a fresh suit under the provisions of the Guardians and Wards Act, 1890 seeking custody of the minor.
2. In Shiv Kumar Sharma v Santosh Kumari reported in (2007) 8 SCC 600 the Supreme Court has held that a civil Court does not grant leave to file another suit. In the said case the following has been observed by the Supreme Court in para 29 :
“29 In any event, if a second suit was maintainable in terms of Order 2 Rule 4 of the Code, as was submitted by Ms Luthra, no leave was required to be granted therefor. A civil court does not grant leave to file another suit. If the law permits, the plaintiff may file another suit he basis of observations made by a superior court.
3. In view of the above, if the appellant intends to file another maintainable, no leave of the Court is lant is permitted to withdraw this to the observations as stated supra.
4. Accordingly, the appellant is permitted to withdraw this appeal subject, however, to the observations as stated supra.