JUDGMENT

R.K. Agrawal, J.

1) Leave granted.

2) The present appeal has been filed against the judgment and order dated 01.03.2012 passed by the Division Bench of the High Court of Bombay in Appeal No. 271 of 2009 in Notice of Motion No. 21 of 2006 in Suit No. 3706 of 1995. Before the High Court, an appeal was filed against the order dated 10.02.2009 passed by the learned single Judge of the High Court on a Notice of Motion taken by Defendant Nos. 4A, 4B and 5 respectively in the aforementioned suit for enforcement and implementation of certain orders passed by the Court on consent of the parties to the suit.

3) However, before the Division Bench, the original Defendant Nos. 4A, 4B and 5 sought withdrawal of the Notice of Motion No. 21 of 2006 filed by them in the Suit No. 3706 of 1995. The Division Bench of the High Court opined that as the Notice of Motion taken out by Defendant Nos. 4A, 4B and 5 seeking interim reliefs and now they seek withdrawal of that motion, they cannot be prevented from withdrawing the same with the liberty to seek appropriate relief to which they may be entitled in the changed circumstances. It had further held that as a result of the withdrawal of the moti