Shri Paul Fernandes And ANR., v. Smt. Philomena Gonsalves And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 107 OF 2014 SHRI PAUL FERNANDES AND ANR., ... Petitioners

Versus

SMT. PHILOMENA GONSALVES AND ANR., ... Respondents Mr. Sahish Mahambrey, Advocate for the petitioners. Ms. S. Bhobe, Advocate for the respondent nos.1 and 2. Coram:- C. V. BHADANG, J.

Date:- 18th April, 2016 P.C.

The learned Counsel for the petitioners, on instructions, seeks permission to withdraw the Writ Petition as the petitioners/ applicants intend to withdraw the Regular Civil Suit No.59/2013 (out of which this petition arises) with permission to file a fresh suit.

2. The Writ Petition is accordingly disposed of as withdrawn. It is made clear that the petitioners, if so advised, shall seek appropriate orders of the Trial Court under Order 23 Rule 1 of C.P.C. If such leave is sought for, the Trial Court shall decide the same on hearing the parties and in accordance with law. It is further made clear that this Court has not expressed any opinion as to the merits of the application for withdrawal, if filed.

3. In the circumstances, there shall be no order as to costs. C. V. BHADANG, J.

SMA