1 1681-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1681 OF 2010 IN FIRST APPEAL NO.1864 OF 2009 (Rupa Vs. Kamal) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.Bharat Chaudhari a/w.Mr.Sandeep S.Aole i/b. M/s.Udwadia & Udeshi, for applicants. Ms.Sandhya Tolat i/b.Dhruve Liladhar & Co., for respondent. CORAM : R.G.KETKAR, J. DATE : 23 rd JULY, 2010 P.C. Heard Mr.Bharat Chaudhari, learned counsel for the applicants and Ms.Sandhya Tolat, learned counsel for the respondents. 2] Mr.Chaudhari seeks permission to withdraw the application with liberty to file a fresh application. Ms.Tolat, learned counsel for the respondent opposes the prayer and submits that she has filed Contempt Petition No.96 of 2010 against the applicants herein. She submits that if the applicants are permitted to withdraw the application and to file fresh application, it will cause prejudice to respondent in the sense that it will adversely effect on the contempt petition which is already taken out by the respondent. 1681-10.sxw 2 1681-10.sxw 3] After hearing learned counsel for the parties, the applicants are permitted to withdraw the present Civil Application with a liberty to file fresh application seeking extension of time. The respondent is at liberty to oppose the fresh application, if filed. It is expressly made clear that the liberty granted the applicants to file fresh application will not come in the way of the Contempt Petition filed by the respondent. 4] Civil Application stands dismissed as withdrawn with no order as to the costs. [R.G.KETKAR, J.] 1681-10.sxw