spb/- 1 ao1352-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO. 1352 OF 2010 ALONGWITH CIVIL APPLICATION NO. 1663 OF 2010 IN A.O. NO.1352 /2010 Mrs. Vimal Dhondiram Maske & Anr. ... Appellants. Vs. Dhondiram Shankar Maske & Ors. ... Respondents. --- Mrs. Vidhya Bandekar for the Appellants. Ms. Apeksha i/by Kadam & Co. for the Respondents 2 and 3. Mr. Chandrakant Krishna Amin for Respondent No.4. ----- CORAM : D. G. KARNIK, J. DATE : 13th DECEMBER, 2010. P.C. 1 Learned counsel for the appellants submits that the suit is likely to fail on a technical defect and, therefore, the appellants may be permitted to withdraw the suit as well as the appeal with liberty to file fresh suit in respect of the same matter before the appropriate court and prays that till then an interim protection may be granted to the appellants. 2 Respondent No.4 is present in the court -in-person. Learned counsel spb/- 2 ao1352-10.sxw for the respondents 2 and 3 is also present. They have no objection for grant of the request. Respondent No.1 appears to be a formal party and the husband of appellant no.1 and is not present in the court though served by a private notice. 3 Hence, I pass the following order : ORDER i. The appellants are permitted to withdraw the Suit as well as the Appeal with liberty to file the suit on the same subject matter before the appropriate forum. In view of the withdrawal of the suit, the impugned order as well as the Appeal does not survive and the appeal is disposed of. However, the respondents are directed to maintain status quo for a period of four weeks. ii. In view of the above order in the Appeal, the civil application no. 1663/ 2010 does not survive and the same is disposed of as such. [D.G. KARNIK, J.]