1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.124 OF 2009 IN NOTICE OF MOTION NO.3980 OF 2005 IN SUIT NO.3295 OF 1997 WITH NOTICE OF MOTION NO.1754 OF 2009 Juhu Kishank Co-op.Hsg.Soc.Ltd. & Ors. ....Appellants V/s. Chandru D. Kevalramani & Ors. ....Respondents Mr.A.L. Thakkar with Mr.Dinesh Siroya i/bM/s.Thakkar & Co. for the Appellants. Mr.K.T. Kukreja with Mr.R.R. Lambay i/b M/s.Kukreja & Co. for Respondent Nos.1 to 3. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 7TH JULY, 2009. P.C. : 1. We have heard Mr.Thakkar, the learned counsel for the Appellants/Plaintiffs. Mr.Kukreja appears for Respondent Nos.1 to 3. This Appeal is directed against the order dated 22.10.2008 passed in Notice of Motion No.3980 of 2005 filed in Suit No.3295 of 1997. The suit said has been filed on or about 22.9.1997 for the declaration and injunction. We have heard the parties at length. 2 2. Mr.Thakkar, the learned counsel for the Appellants seeks leave to withdraw the appeal and consequently Respondent Nos.1 to 3 will remain in possession and occupation of the suit flat i.e. Flat No.301, third floor of Juhu Kishank Co-operative Housing Society (Appellant No.1) as per the terms and conditions set out in the impugned order. 3. Leave granted and the Appeal is disposed off as withdrawn. 4. The Motion for interim reliefs does not survive and hence the same is also accordingly disposed off. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)