IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.766 OF 2007 IN NOTICE OF MOTION NO.2753 OF 2007 IN SUIT NO.2105 OF 2007 Gerimal C. Nandani & Anr. ..... Appellants V/s. Raja Construction Company & Ors. ..... Respondents Mr.M.M.Vashi for the appellants. Mr.D.H.Mehta a/w Vandana Mahadik, for the Respondent No.1. Ms.Nita Mandhyan i/b S.M.Associates, for the Respondent No.2. CORAM : R.M.S.KHANDEPARKAR & P.B.MAJMUDAR, JJ. DATED : JULY 03, 2008. P.C. 1. The learned Advocate for the appellant states that in order to enable the appellant to move appropriate applications under Section 9(a) read with Order 39 Rule 4, Order 6 Rule 16 and Order 7 Rule 11 of C.P.C., the appellants crave leave to withdraw the appeal with liberty that the appellants be permitted to agitate all the issues in such proceedings. 2. The appeal is accordingly allowed to be withdrawn and stands 2 disposed of. In case any such application is filed and if any other application is filed by the respondent/plaintiff, the same shall be heard and disposed of together in accordance with the provisions of law. It is made clear that we have not expressed any opinion on any of the points sought to be raised in the matter and all the issues are kept open. The appeal is accordingly disposed of. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)