COURT OF BOMBAY AT GOA SECOND APPEAL NO. 38…
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IN THE HIGH COURT OF BOMBAY AT GOA
SECOND APPEAL NO. 38 OF 2015
MR. FRANCISCO ANTONIO ABEL PEREIRA E SILVEIRA (SINCE DEC.) THR. HIS LEGAL REPRESENTATIVES., ... Appellant Versus MRS. FRANCISCA MARQUES PEREIRA E SILVEIRA AND 2 ORS., ... Respondents
Mr. R. Noronha, Advocate for the appellant. Mr. M. B. D'Costa, Senior Advocate a/with Ms. Soniya Chodankar, Advocate for the respondents. Nos.1 to 3.
Coram:C. V. BHADANG, J.
Date:4th July, 2015
P.C.
Heard Mr. Noronha, the learned counsel for the appellant and Mr. M. B. D'Costa, the learned senior counsel for the respondents. It is submitted that the judgment and order challenged is that of the Appellate Court remanding the suit to the trial Court. It is submitted that against such order, an appeal under Order 43 Rule 1(u) of the Code of Civil Procedure would lie and not a second appeal. Faced with this situation the learned counsel for the appellant, on instructions, seeks permission to withdraw the second appeal with liberty to file appropriate proceedings, as may be permissible in law.
SA/38/2015
2
withdrawn with liberty as prayed.
C. V. BHADANG, J.
ssk
MR. FRANCISCO ANTONIO ABEL PEREIRA E SILVEIRA
MRS. FRANCISCA MARQUES PEREIRA E SILVEIRA
C. V. BHADANG
As recorded by the court registry
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