Bombay High CourtWP/753/2016disposed of

Mr. Nilesh @ Dilip Bhanu Naik And 8 ORS., v. Mr. Ramchandra Pundalik Kamat And ANR.,

2016-10-04Hon'Ble Shri Justice C. V. Bhadang1 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 753 OF 2016 MR. NILESH @ DILIP BHANU NAIK AND 8 ORS., ... Petitioners

Versus

MR. RAMCHANDRA PUNDALIK KAMAT AND ANR., ... Respondents Shri J.J. Mulgaonkar, Advocate for the Petitioners. Shri Gaurish N. Agni, Advocate for the Respondents. Coram:- C. V. BHADANG, J.

Date:- 4th October, 2016 P.C.:

The learned Counsel for the petitioners, on instructions, seeks permission to withdraw the petition as the petitioners intend to challenge the impugned order in an appeal before the learned District Judge. He requests for grant of appropriate protection on the point of limitation.

2. The petition is accordingly disposed off as withdrawn. In the event the petitioners file an appeal challenging the impugned order, the learned District Judge shall have due regard to the provisions of Section 5 and Section 14 of the Limitation Act while considering the question of delay, if any. Rival contentions of the parties are left open. In the circumstances, there shall be no order as to costs. C. V. BHADANG, J.