Shri. Jasjit Singh Dhami And ANR., v. Shri. Gokul Kumar And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 12 OF 2016 SHRI. JASJIT SINGH DHAMI AND ANR., ... Appellants

Versus

SHRI. GOKUL KUMAR AND 4 ORS., ... Respondents Shri Kundan K. Mistra with Shri Ryan Da Piedade Menezes, Advocates for the Appellants.

Shri Nitin Sardessai, Senior Advocate with Ms. Gautami Kakodkar, Advocate for Respondent Nos. 1 and 2.

Coram:- C. V. BHADANG, J.

Date:- 8th December, 2016 P.C:

Heard for sometime.

2. The learned Counsel for the appellants, on instructions, seeks permission to withdraw the appeal with liberty to file an application under Order XXVI, Rule 9 of C.P.C., afresh, if so advised.

3. Shri Sardessai, the learned Senior Counsel for respondent nos. 1 and 2 submits that this Court may pass appropriate orders in this regard.

4. In such circumstances, the appeal is disposed of as withdrawn. Needless to mention that the appellants would be entitled to file an application under Order XXVI, Rule 9 of C.P.C., afresh after commencement of trial and if, such an application is filed, the Trial

AO/12/2016 Court shall decide the same on its own merits, in accordance with law.

C. V. BHADANG, J.

EV