9] However, the facts of the present case show that petitioners had not at all sought permission to withdraw the suit with liberty to file fresh suit on the same cause of action. The pursis Exh.22 is very clear to show that the petitioners have stated therein that as the suit was filed inadvertently in the Civil Court, the petitioners want to withdraw the said suit for the purpose of filing suit before proper forum and accordingly the petitioners were permitted to withdraw the suit unconditionally. Therefore, it is clear that no such permission was sought by the petitioners to file the fresh suit on the same cause of action. Conversely, the very statement made by the petitioners in this Writ Petition, is also to the effect that, in view of Section 158 of the Maharashtra Land Revenue Code, as the Civil Court has no jurisdiction to set aside or challenge the mutation entries in the revenue record, the petitioners had withdrawn the said suit from that Court as they wanted to file suit in the proper forum. Thus, no liberty or leave was sought from the Court to file suit on the
