Bombay High CourtWP/327/2018disposed of

Jose Piedade De Cruz And ANR., v. Dr. Damodar D. Alve (Dec) Thr. His Lrs., Mahananda Damodar Alve (Dec) Thr. Her Lrs.,

2018-07-24Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 327 OF 2018 JOSE PIEDADE DE CRUZ AND ANR., ... Petitioners

Versus

DR. DAMODAR D. ALVE (DEC) THR. HIS LRS., MAHANANDA DAMODAR ALVE (DEC) THR. HER LRS., ... Respondent Shri Nigel Da Costa Frias, Advocate for the Petitioners. Shri Prasheen Lotlikar, Advocate for the Respondent Nos. 1 to 6. Coram:- C. V. BHADANG, J.

Date:- 24th July 2018 P.C.

Shri Costa Frias, the learned Counsel for the petitioners submits that subsequent to the filing of the present petition, the learned Joint Mamlatdar, by an order dated 09.07.2018, has granted injunction in favour of the petitioners, restraining the respondent nos. 1 to 6/decree holders from attempting to disturb the possession of the petitioners over the suit house and the adjoining structure.

He, therefore, on instructions, seeks leave to withdraw the petition, with liberty to file appropriate application, before the Executing Court.

2. In such circumstances, the Writ Petition is disposed of as withdrawn, with liberty as prayed. All rival contentions of the

WP/327/2018 parties are left open.

C. V. BHADANG, J.