Bombay High CourtWP/725/2017disposed of

Francis Andrian Fernandes, Thr. Poa Orlinda Geraldine Fernandes And ANR., v. Benjamin Gabriel Fernandes.,

2017-11-22Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 725 OF 2017 FRANCIS ANDRIAN FERNANDES, THR.

POA ORLINDA GERALDINE FERNANDES AND ANR., ... Petitioners

Versus

BENJAMIN GABRIEL FERNANDES., ... Respondent Mr. Iftikhar Agha, Advocate for the Petitioners. Mr. V.R. Tamba with Mr. P. Sawant, Advocates for the Respondent.

Coram:- C. V. BHADANG, J.

Date:- 22nd November 2017 P.C:

Heard for some time.

2. Mr. Agha, the learned Counsel for the petitioners, on instructions, seeks leave to withdraw the petition with liberty to challenge the order in appeal, in the event, the decree passed in the suit is adverse to the petitioners.

3. Needless to mention that under Section 105 of CPC, the party can always challenge such an order, if, the ultimate result in the suit is adverse.

WP/725/2017

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 In such circumstances, the petition is disposed of as withdrawn, with no order as to costs, with liberty as prayed.

5. Needless to mention that the ad-interim relief granted by this Court on 16.08.2017 stands vacated.

C. V. BHADANG, J.