Bombay High Court
CRA/128/2000 of SMT.KAMINI K.MATHKAR and ANR. Vs SHRI NUMENIO T.A.DE SOUZA on 29 November 2002
HIGH COURT OF BOMBAY AT GOA. CIVIL REVISION APPLICATION NO. 128 OF 2000. 1. Smt. Kamini Kashinath Mathkar, 2. Shri Kashinath Laxman Mathkar, both r/o H.No. 110, Sao Pedro, Tiswadi-Goa. ... Applicants. Versus Shri Numenio Taumaturgo Aguiar de Souza, r/o H. No. 60, Ribandar, Tiswadi-Goa. ...
IN THE HIGH COURT OF BOMBAY AT GOA.
CIVILREVISION APPLICATION NO. 128 OF 2000.
1. Smt. Kamini Kashinath
Mathkar,
2. Shri Kashinath Laxman
Mathkar, both r/o
H.No. 110, Sao Pedro,
Tiswadi-Goa.
... Applicants.
Versus
Shri Numenio Taumaturgo
Aguiar de Souza, r/o H.
No. 60, Ribandar, Tiswadi-Goa.
... Respondent.
Mr. S.S. Kantak, Advocate for the Applicants.
Mr. D. Pangam, Advocate for the Respondent.
Coram: P.V. HARDAS, J.Date: 29th November 2002.
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ORAL JUDGMENT.
Heard Mr. Kantak, the learned counsel appearing for the applicants. Mr. Kantak, the learned counsel appearing for the applicants, very fairly states that this Civil Revision Application is not maintainable in view of the amendment to Section 115 of the Code of Civil Procedure. Mr. Kantak, therefore, seeks to withdraw this Civil Revision Application as the applicants desire to file appropriate proceedings challenging the impugned Order. Mr. Kantak requests that the interim Order granted at the time of admission of the Civil Revision Application be continued for a period of one week from today so as to enable the applicants to file appropriate proceedings.
2. In view of the peculiar facts of the case, I
am inclined to permit the interim Order granted on 16th June 2001 to continue for a period of one week from today. Thereafter the interim Order shall stand automatically vacated without further reference to the Court.
3. The applicants are, therefore, permitted to withdraw this Civil Revision Application. However, in the interest of justice, the interim Order granted on 16th June 2001 will continue for a further period of one week from today.
4. Civil Revision Application is dismissed as withdrawn.
JUDGE.
ed’s.