:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.318 OF 2009 APPEAL FROM ORDER NO.318 OF 2009 APPEAL FROM ORDER NO.318 OF 2009 Shah Company Rahivashi Seva Society, .. Appellants Vs. Maharashtra Housing and Re-development Authority and ors. .. Respondents Mr Ramesh Shinde, for the appellants. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 25th MARCH, 2009. DATED : 25th MARCH, 2009. DATED : 25th MARCH, 2009. P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. 2. Counsel for the appellant, after arguing this matter for some time, submits that he may be given liberty to withdraw Short Cause Suit No.3750 of 2007 filed on behalf of the appellant-society and seek liberty to file independent suits on behalf of every individual member of the society, making out a case seeking protection of the hutment in their possession. He does not press the instant Appeal from order on merits. In the circumstances, the Appeal from order is disposed of as not pressed. 3. It is open to the appellants to file :2: :2: :2: appropriate application seeking withdrawal of the suit and liberty as aforestated. If such an application is moved before the court below, same may be considered on merits in accordance with law. It is made clear that I have not expressed any opinion on merits of the case and the rights of the parties. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)