Venkatesh Pandhari Naik v. Vithoba Mayekar And 2 ORS

WPCR 62 of 2023 shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.62 OF 2023 VENKATESH PANDHARI NAIK ... PETITIONER

Versus

VITHOBA MAYEKAR AND 2 ORS ... RESPONDENTS Mr. Pavithran A.V. with Mr. Prasad Kholkar, Advocates for the Petitioner.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 15th July, 2024 P.C.

1. Mr. Pavithran on instructions submits that the Petitioner be permitted to withdraw the present petition with liberty to approach the Jurisdictional Court by filing a revision against the impugned order.

2. Accordingly, permission is granted to withdraw the present petition with liberty to approach the Court by filing a revision application thereby challenging the impugned order.

3. It is made clear that this Court has not gone into the merits or the demerits of the present petition.

4. The contentions of the Petitioner raised in the present petition are kept open.

15th July, 2024

WPCR 62 of 2023

5. Mr. Pavithran submits that since the Petitioner was litigating before this Court, the time spent should be considered for the purpose of limitation. In case the revision is filed along with condonation of delay the learned Revisional Court should consider the fact that the Petitioner filed a petition before this Court and was litigating under the bonafide belief.

6. Petition stands disposed of in the above terms. BHARAT P. DESHPANDE, J.

15th July, 2024