R. M. S. KHANDEPARKAR, J. :- When the matters came up for hearing, a preliminary objection was sought to be raised on behalf of the respondent No.1 about the non-maintainability of these appeals on the ground that the appellants had earlier preferred similar appeals against the impugned orders and they were withdrawn unconditionally and, therefore, the present appeals against the same orders which was sought to be impugned in the earlier appeals and which were withdrawn, are not maintainable.

2. The learned Advocate for the appellants drawing the attention to the averments in the appeal memo submitted that the earlier L.P.As. were withdrawn as this Court had opined that the appellants could seek review of the orders which were sought to be impugned in those appeals and that the appellants were allowed to withdraw those appeals. Attention has also been drawn to the decision of Apex Court in Haryana State Co-op. Land Development Bank vs. Neelam, (2005) 5 SCC 91 in support of the contention that the principle of res judicata is not applicable when the appeals were withdrawn without any adjudication of the matter on merits and therefore the second L.P.A. would be maintainabl