IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 849 OF 2008 IN WRIT PETITION NO. 102 OF 2002 DR, HUGO VICENTE DO PERPETO SOCORRO ANDRADE E MENEZES AND 3 ORS., ... Applicants Versus STATE OF GOA THROUGH CHIEF SECRETARY AND 8 ORS., ... Respondents Mr. M. B. D'Costa, Senior Advocate with Ms. M. Parab, Advocate for the Applicants. Mr. S. S. Kantak, Advocate General with Ms. E. Chodankar, Additional Government Advocate for Respondent No.1. Mr. M. S. Usgaonkar, Senior Advocate with Ms. A. Razaq, Advocate for Respondent Nos.2, 3, 6 and 7. Coram:- A. P. DESHPANDE & N. A. BRITTO, JJ. Date:- 24th November, 2008 P.C.:- The Applicants have moved the present application by contending that the stay of the proceedings of suit is granted by this Court and hence, though the Applicants desire to move an application for withdrawal of the suit they will be unable to obtain orders from the trial Court in that regard. Thus, clarification is sought. We clarify that the stay of the proceedings of the suit will not come in the way of the trial Court in deciding the application which the Applicants propose to move for withdrawal of the suit under Order 23, C.P.C. and the trial Court is free to decide the said application after affording an opportunity of hearing to the other side, in accordance with law. With this clarification Miscellaneous Civil Application stands disposed of. A. P. DESHPANDE, J. N. A. BRITTO, J. RD.