1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.286 OF 2010 Manikchand Motichand Shah Phaltankar Trust ...petitioners vs. Arinjay Hirachand Shah & Others ...Respondents Mr.N.V.Walawalkar, Sr.Advocate i/b Mr.J.Shekhar & Co. for the petitioners Mr.G.S.Godbole i/b Ms Jai Kanade for the respondent nos.4 and 5. CORAM :A.S.OKA,J. DATE : FEBRUARY 2, 2010 P.C. 1 Heard the learned senior counsel for the petitioners and the learned counsel for the respondent nos. 4 and 5 The learned senior counsel for the petitioners on instructions states that the petitioners desire to withdraw the application at exh.23 with liberty to file appropriate proceedings in relation to the property which is claimed by the petitioners as the trust property. 2 The learned counsel for the 4th and 5th respondents submits that on the basis of the liberty a fresh application should not be made in the same Appeal. It is obvious that the liberty sought is for filing an independent proceeding. 3 Hence, Petition is disposed of by passing the following order : i) The petitioners are permitted to withdraw the application at Exh.23 with liberty to file appropriate proceedings in accordance with law as 2 prayed by the petitioners. ii)In view of this order, impugned order dated 30th December 2009 has become inoperative. iii)All contentions of the parties on merits are kept open. iv)Ad-interim relief granted earlier stands vacated. v) Petition is disposed of in above terms. JUDGE