1 904.caw1138.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1138 OF 2011 IN WRIT PETITION NO. 5233 OF 2004 Smt. Mathubai Bhairu Thombre since deceased through legal heirs Smt. Tanubai Sopan Thombre & ors. ....Applicants. Vs. Smt. Rampayaribai S. Sharma ....Respondent Mr. Jaydeep Deo, Advocate for Applicants. Ms. Lalita Panchakshari, Advocate for Respondent. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 27, 2011 P.C. 1. Copy to be served. Heard Mr. Deo, Advocate for Applicants and Ms. Lalita Panchakshari, Advocate for Respondent. Since the Decree for possession has been set aside by the District Court, tenancy subsists. In view of this Mr. Deo seeks leave to withdraw this Civil Application with liberty to adopt appropriate proceedings as contemplated by Maharashtra Rent Control Act, 1999 for same or 2 904.caw1138.11 similar reliefs. 2. This prayer is not opposed. Obviously such proceedings, if any, will be without prejudice to the respective rights and contentions of the parties and the Advocate for Respondent /landlord should not be construed to have give up the claim in the Writ Petition for getting a decree for possession. 3. By reserving the liberty to the Respondent to prosecute the Writ Petition, the Applicants are allowed to withdraw this Civil Application with liberty to adopt appropriate proceedings under the Maharashtra Rent Control Act, 1999, which shall be decided on their own merits. (GIRISH GODBOLE, J)