1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3386 OF 2009 IN FIRST APPEAL NO.1254 OF 2009 Christopher Augustine Heredia & Anr. .. Applicants V/s Palm Co-op.Hsg.Society .. Respondent Mr.Chetan Kapadia i/by M/s.Kishore Thakordas & Co.for the Applicants. Mr.K.Kothari for the Respondents. CORAM: R.G.KETKAR, J. DATE: 6th August, 2010. P.C. 1. Learned counsel for the Applicants, on instructions states that if the appeal is listed for final hearing peremptorily, he is not pressing the present application. Considering the controversy raised between the parties, I find that the request made by learned counsel for the Applicants to fix the first appeal peremptorily for final hearing is reasonable. 2. List the first appeal for final hearing in the week commencing from 16th August, 2010. 3. As the learned counsel for the applicants does not press the present Civil Application for the time being, the Civil Application is allowed to be withdrawn and stands dismissed as such, with the liberty to the applicants to take out fresh application in case the contingency arises. Civil Application stands disposed of with no order as to costs. (R.G.KETKAR, J.)