IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 164 OF 2008 SHRI MANUEL A. R. CARNEIRO ... Petitioner Versus SHRI ROLAND CARNEIRO AND 3 ORS., ... Respondents Mr. M. S. Usgaonkar, Senior Advocate with Mr. Sudesh Usgaonkar,Advocate for the petitioner. Mr. P. Rao, Advocate for the respondent Nos. 2 & 3. Coram:- A. P. LAVANDE, J. Date:- 11th December, 2008 P.C. 1. Heard Mr. Usgaonkar, learned Senior Counsel for the petitioner and Mr. Rao, learned Counsel for the respondent Nos. 2 and 3. 2. This petition is directed against the order dated 25.10.2007 passed by the Civil Judge, Junior Division, Margao in Execution Application No.21/1992/D allowing the application filed by the respondent Nos. 2 and 3 under Order XXI, Rule 99 of Civil Procedure Code. 3. Mr. Rao, learned Counsel appearing for the respondent Nos. 2 and 3 states that since the application was filed by the respondents under Order XXI, Rule 99 of Civil Procedure Code, the impugned order passed has the force of the decree and as such appeallable under Order XXI, Rule 103 of Civil Procedure Code. 4. Mr. Usgaonkar, learned Senior Counsel seeks leave to withdraw the petition with liberty to avail the remedy of appeal in terms of Order XXI, Rule 103 of Civil Procedure Code. 5. Leave granted. The petition is allowed to be withdrawn with liberty to the petitioner to file an appeal. The Registry to return the certified copy of the impugned order subject to the petitioner placing on record a xerox copy of the same. The petition stands disposed of. A. P. LAVANDE, J. SMA