Martinho Filipe Fernandes And 3 ORS v. Philomena Fernandes And 2 ORS

901-WP-629-22.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.629/2022 MARTINHO FILIPE FERNANDES AND 3 ORS.

... PETITIONERS

Versus

PHILOMENA FERNANDES AND 2 ORS.

... RESPONDENTS Mr Siddharth Malik, Advocate for the Petitioners.

CORAM:

M. S. SONAK, J.

DATED:

1st September 2023 P.C.:

1.

Heard Mr Malik for the petitioners.

2.

On instructions, Mr Malik seeks leave to withdraw this petition with liberty to raise all contentions in Regular Civil Suit No.41/2016/A.

3.

Accordingly, leave is granted to withdraw this petition with liberty as prayed for. In addition, it is clarified that the Trial Court, while disposing of the Regular Civil Suit No.41/2016/A should not be influenced by the impugned orders made by the 1st September 2023

901-WP-629-22.DOC Trial Court and the First Appellate Court at the stage of consideration of interim reliefs. The Suit will have to be decided based upon the evidence that the parties lead and the law as would be applicable.

4.

The hearing in Regular Civil Suit No.41/2016/A is expedited.

5.

This petition is disposed of.

M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL SUCHITRA NANDAN SINGBAL Date: 2023.09.01 14:20:55 +05'30'

1st September 2023