1 caf3778 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3778 OF 2009 IN FIRST APPEAL ST.NO.20385 OF 2009 Dyaneshwar V. Kuchme ...Applicant vs. Shashikala K. Kalburgi & Anr. ...Respondents Mr.Priten Killedar for the applicant Mr.J.D.Khairnar for the respondent no.1 CORAM : A.S.OKA,J. DATE : APRIL 11,2011 P.C.: 1 Heard learned counsel for the parties. This application is made by the applicants for grant of leave to prefer an appeal against the decree passed in Special Civil Suit no.789 of 2004 filed by the first respondent against the second respondent. 2 The learned counsel for the applicants on instructions states that the applicants may be permitted to withdraw this application and appeal with liberty to file appropriate proceedings in accordance with law. The said request is opposed by the learned counsel for the first respondent. 3 The applicants cannot be prevented from filing appropriate proceedings in accordance with law. The first respondent can always oppose the said proceedings by raising appropriate objections. 4 Accordingly, application is dismissed as withdrawn with liberty as prayed. As the appeal is not registered, 2 caf3778 the applicants will be entitled to refund of court fees as per the rules. 5 Civil application no.3779 of 2009 does not survive and the same is disposed of. JUDGE