IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO. 96 OF 2010 SHRI. SALVADOR DA GAMA AND ANR., ... Appellants Versus SHRI. FILIPE TIAGO DA GAMA (DEC.) REP. BY HIS LR'S ... Respondent Mrs. Susan Linhares, Advocate for the Appellants. Mr. Agnelo F. Diniz, Advocate for Respondents No.1,3(a),5 & 6. Coram:- A. P. LAVANDE, J. Date:- 20th August, 2011 P.C.: Heard Ms. S. Linhares, learned Counsel appearing for the appellants and Mr. A.F. Diniz, learned Counsel appearing for respondents no.1,3(a),5 & 6. 2. Ms. S. Linhares, learned Counsel appearing for the appellants submits that suit filed by original respondents seeking declaration that he was occupant of the suit property was not maintainable was urged before the lower Appellate Court, but the same was not specifically dealt with by the lower Appellate Court. Mr. Diniz disputes this position. Learned Counsel, therefore, seeks leave to withdraw the appeal with liberty to file an appropriate application before the lower Appellate Court seeking review of the impugned judgment and order. 3. Mr. Diniz, learned Counsel appearing for respondents no.1,3(a),5 & 6 submits that in the event this Court is inclined to grant the liberty, the contentions of the respondents be kept open. 4. In view of the above, the appellants are permitted to withdraw the appeal. Liberty to the appellants to file an appropriate application before the lower Appellate Court as the appellants deem fit. All the contentions on behalf of the respondents herein, before the lower Appellate Court are kept open. 5. The appeal stands disposed of accordingly. A. P. LAVANDE, J. NH