Shri.Vishnu Narottam Raikar And ANR., v. Mrs.Olive G. D'Mello.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 817 OF 2015 SHRI.VISHNU NAROTTAM RAIKAR AND ANR., ... Petitioners

Versus

MRS.OLIVE G. D'MELLO.

... Respondent Mr. S. D. Lotlikar, Senior Advocate with Adv. M. Furtado for the Petitioners.

Adv. A. D. Bhobe for Respondent.

Coram:- C. V. BHADANG, J.

Date:- 28th March, 2016 P.C.:

Heard Shri Lotlikar, the learned Senior Counsel for the petitioners and Shri Bhobe, the learned counsel appearing for the respondent.

2. After the matter was heard for some time, it transpired that the order challenged in this petition is the one under Rule 2A r/w rules 11 of Order 39 of C.P.C., which is appealable under the provisions of Order 43 Rule 1(r) of C.P.C. Faced with this situation, the learned Senior Counsel for the petitioners, on instructions, seeks permission to withdraw the writ petition as the petitioner intends to take recourse to the remedy of appeal. In such circumstances, the petition is disposed as withdrawn. It is made clear that this Court has not

WP/817/2015 expressed any opinion on merits of the controversy. C. V. BHADANG, J.

ap/-