IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 90 OF 2006 MRS. FRANCISQUINHA DA MERCES FERNANDES E D' SOUZA ... Appellant Versus THE CONFRARIAS DE SANTISSIMO SACRAMENTO NOSSA SENHORA DE PENHA DE FRANCA, REP. ITS ATTORNEY AND ANR ... Respondents Mr.S.D. Lotlikar, Senior Advocate with Ms. Sapna Mordekar, Advocate for the Appellant. Mr. Mahesh Amonkar, Advocate for Respondent No. 1. Mr. S. Karpe, Advocate for Respondent No.2. Coram:- N. A. BRITTO, J. Date:- 24th January, 2008 P.C.: Heard. Shri Lotlikar, the learned Senior Counsel on behalf of the Appellant/ plaintiff seeks leave to withdraw this appeal with liberty to file an application for amendment of the plaint so as to claim a right through the property of respondent no.1/defendant under Article 2309 of the Civil Code and seek relief of temporary injunction in the light of the amended plaint. Leave granted on the aforesaid terms. Plaintiff to file an application for amendment within a period of four weeks from today and the same shall be considered by the trial Court on its own merits. The interim order dated 21/12/2006 shall continue to remain in force till such time the application for temporary injunction filed by the plaintiff is disposed of by the trial Court. The plaintiff would be entitled to take further grounds in the amendment application as are available in law. Appeal dismissed as withdrawn. N. A. BRITTO, J. NH