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Bombay High CourtWP/670/2016disposed of

Mr. John Lourenco, Thr. His Poa Mrs. Franzie Francisco Lourenco. v. Mrs. Bertalinha Lourenco And 3 ORS.

2016-09-19Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 670 OF 2016 MR. JOHN LOURENCO, THR. HIS POA MRS. FRANZIE FRANCISCO LOURENCO.

... Petitioner

Versus

MRS. BERTALINHA LOURENCO AND 3 ORS.

... Respondents Mr. Joaquim Godinho, Advocate for the petitioner. Mr. Cliff Fernandes, Advocate for the respondent no.1. Mr. J. Abreu Lobo, Advocate for the respondent no.3. Mr. A. D. Bhobe, Advocate for the respondent no.4. Coram:- C. V. BHADANG, J.

Date:- 19th September, 2016 P.C.

The learned Counsel for the petitioner, on instructions, seeks permission to withdraw the writ petition as the petitioner intends to challenge the impugned order before the State Government, under Section 358(3) of the City of Panaji Corporation Act, 2002 (the Act, for short).

2. The learned Counsel appearing for the respondents do not dispute that the impugned order is amenable to challenge under Section 358(3) of the Act.

3. In such circumstances, the petition is disposed of as withdrawn, with no order as to costs.

4. In the event there is an issue of limitation in the entertainment of the appeal, the Appellate Authority shall have due regard to the time spent in prosecuting the proceedings before the Corporation and this

WP/670/2016 Court, in accordance with the principles as contained in Section 14 of the Limitation Act.

C. V. BHADANG, J.

SMA