SSK/ 1 WP/2081.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2081 OF 2010 Very Reverend Monsignor Nereus Rodrigues & Ors. ....Petitioners Versus The State of Maharashtra & Anr. ...Respondents Mr. Clifford Martis, Advocate for the petitioners. Mr. Geeta Shastri, AGP for the State. Rajendra G. Megh i/b. Mr. R. O. Pathak, Applicant in CHSW No.199/11. CORAM : SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED : 12th JULY, 2011. P.C.: In this petition, the petitioners have prayed that a direction be given to respondent no.2-the Collector of the Mumbai Suburban District to initiate inquiry and take action against the erring officials as per the direction contained in letter no. 3470/07 dated 1st June, 2007 addressed by His Honour Judge V.G. Indrale of the Bombay City Civil Court. We are informed that against the judgment and decree dated 17th March, 2007 passed by Judge Shri Indrale of the City Civil Court, a first appeal is filed in this Court being First Appeal No.2276 of 2007 and the said first appeal is admitted. Our attention is drawn to Order dated 27th November, 2007 passed by learned Single Judge (Oka J.) on Civil Application No.4766 of SSK/ 2 WP/2081.10 2007. By the said order, operation and execution of the said judgment and decree is stayed till final disposal of the First Appeal. In view of this, prayers made in this writ petition cannot be granted. We are informed by the counsel that the petitioners have made an application in the said appeal that they may be added as party respondents in the said appeal. This fact ought to have brought to our notice at the outset. 2. In any case, learned counsel for the petitioners states that he may be permitted to withdraw the petition as the petitioners desire to make appropriate application in First Appeal No.2276 of 2007. In view of this statement, we permit the petitioners to withdraw the writ petition with liberty to make appropriate application before learned Single Judge. We make it clear that we have expressed no opinion on the merits of the case. Needless to say that any application made in First Appeal No. 2276 of 2007 will be disposed of on its own merits. We keep all contentions of all parties open. The petition is disposed of as withdrawn. 3. In view of the disposal of the writ petition, the Chamber Summons No. 199 of 2011 will not survive for consideration, and therefore, the same is disposed of. (RANJIT MORE, J.) (SMT. RANJANA DESAI, J.)