IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 143 OF 2005 SMT.ALZIRA COLASSO AND 18 ORS., ... Appellants Versus GOVERNMENT OF GOA,THROUGH ITS CHIEF SECRETARY AND 5 ORS., ... Respondents Mr. Panag Rao, Advocate for the appellants. Mr. S. Vahidulla, Government Advocate, for respondents 1 to 3. Mr. S.D. Padiyar, Advocate for respondent no.6. Shri M.s.sonak, Adv. Sandesh Padiyar For Res. No.6 Coram:- F. M. REIS, J. Date:- 18th March, 2011 P.C. When the above appeal was extensively heard, Mr Rao learned Counsel appearing for the appellants sought time to take instructions and accordingly the matter was fixed at 2.30 p.m. 2. Mr. Rao learned Counsel for the appellant and appellant no.2 are present and filed an application which is signed by both of them seeking leave of this Court to withdraw Civil Suit No.107/2004 (New) with liberty to institute a fresh suit in respect of the subject matter of the suit property. The reasons for such application has been recorded in the said application. 3. Mr. Vahidulla, Government Advocate appearing for respondents no.1 to 3 and Mr. Padiyar appearing for respondent no.6 do not dispute that the suit has to fail for lack of notice under section 80 of CPC and submit that the suit may be allowed to be withdrawn leaving all the contentions of the respondents on merits open. 4. Considering the facts and circumstances of the case and after hearing learned Counsel for the parties, for the reasons stated in the said application, the appellants are permitted to withdraw the Civil Suit No.107/2004 (New) with liberty to institute a fresh suit in respect of the subject matter of the suit property. Needless to say that all the contentions available to the respondents herein on merits are left open. 5. In view of the said application, the appeal does not survive and accordingly appeal stands disposed of. F. M. REIS, J. ef.