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Bombay High CourtWP/260/2016disposed of

Shrikant Shambhu Volvoikar. v. Narendra Pandu Chatim And 2 ORS.,

2016-04-18Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 260 OF 2016 SHRIKANT SHAMBHU VOLVOIKAR.

... Petitioner

Versus

NARENDRA PANDU CHATIM AND 2 ORS., ... Respondents Mr. R. G. Ramani, Advocate for the Petitioner. Mr. Nigel Da Costa Frias, Advocate for the Respondents. Coram:- C. V. BHADANG, J.

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

Heard learned Counsel for the parties.

2. The learned Counsel for the Petitioner, on instructions, seeks permission to withdraw the Petition as the Petitioner intends to file an Appeal challenging the impugned order. He submits that this Petition was filed within thirty days of the passing of the Order and, as such, the Petitioner may be protected on the aspect of limitation. He also requests for continuation of the interim relief for a period of four weeks as the summer vacations are intervening.

3. Learned Counsel for the Respondent nos. 1 and 2 submits that in view of the availability of the alternate remedy, this Court may pass appropriate Orders.

WP/260/2016

4. In such circumstances, the Writ Petition is disposed of as withdrawn with liberty as prayed. If the Petitioner files an Appeal challenging the Order impugned herein, within a period of two weeks from today, the Appellate Court shall consider the issue of limitation/condonation thereof having regard to the provisions of Section 5 and Section 14 of the Limitation Act. C. V. BHADANG, J.

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