1 903 fa.1163.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1163 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Anil Borkar i/b Mr. R.D.Suryawanshi for the Appellants. Mr. Amol P. Mhatre for the Respondent. CORAM : A.S.OKA, J. DATE : 13 th September, 2011. P.C. . The learned counsel appearing for the Appellants seeks permission to withdraw the appeal with liberty to file appropriate application before the trial Court. He prays for continuation of the ad-interim relief granted on 28 th April, 2011 by this Court to enable the Appellants to move the trial Court. 2 Hence, I pass the following order: i. The appeal is dismissed as withdrawn with liberty as prayed ; ii. All the questions in the proceedings, which may be filed by the Appellants 2 903 fa.1163.11 including the question of maintainability are expressly kept open; iii. The ad-interim relief granted by this Court on 28 th April, 2011 shall continue to operate for a period of eight weeks from today to enable the Appellants to apply for appropriate interim relief before the trial Court ; iv. The trial Court shall decide the application for interim relief without being influenced by continuation of the ad-interim relief by this Court ; v. The Appellants will be entitled to refund of Court-fees as per the rules ;and vi. The Civil Application Nos.3681 of 2011 and 1605 of 2011 do not survive and the same is disposed of. [ A.S.OKA, J ]