IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 49 OF 2004 SHRI SRIPAD C.MADKAIKAR AND 3 ....Appellants ORS., Versus DATTA APARTMENTS CO-OPERATIVE ....Respondents HOUSING SOCIETY LTD. & ANR. Mr. S. N. Joshi, Advocate for the appellants. Mr. V. A. Lawande, Advocate for respondents No.1 and 2. Coram:- S.K. SHAH, J. Date:- 9th February, 2007 P.C. The learned Counsel for the appellants seeks to withdraw this appeal, seeking liberty to file fresh application for temporary injunction on the basis of the amended plaint. The learned Counsel for the respondents states that it should be clarified by the Court that all the contentions with regard to maintainability of such application should be kept open. The appeal is allowed to be withdrawn. The appeal is dismissed as withdrawn with liberty as sought. It is clarified that all the contentions raised by the respondents with regard to the maintainability of the fresh application to be filed, are kept open. S.K. SHAH, J. ssm.