: 1 : 45-11-cra=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 45 OF 2011 IN MISC. CIVIL APPEAL NO. 04 OF 2008 IN MISC. CIVIL APPLICATION NO.3 OF 2006 IN REGULAR CIVIL SUIT NO. 24 OF 1995 Mr. Umed Jania Patel Through his Power of Attorney Shri Satishchandra Umedbhai Patel .. Applicant / Petitioner v/s. Deviben Kishanbhai Patel .. Respondents ......... Mr. Uday Warunjikar with Ms. Pallavi Kumavat h/f Kiran Kulkarni for the applicant Mr. Girish R. Agrawal for the respondent ......... CORAM : R.Y.GANOO, J DATE : 6th SEPTEMBER,2011. P.C. : 1. After some arguments, learned Counsel Mr. Warunjikar appearing on behalf of the applicant, upon instructions from the applicant, applies for : 2 : 45-11-cra=.sxw withdrawal of this application with liberty to file substantive appeal against judgment and decree dated 27th June, 1997 passed in R.C.Suit No. 25 of 1995 passed by learned Civil Judge, Dadra Nagar Haveli, at Silvassa. Learned Counsel for the petitioner submitted that execution proceedings are pending and, therefore, petitioner be protected for a reasonable time so that the petitioner will be able to seek appropriate orders in the appeal, which he will be filed. Learned Counsel on behalf of the respondent opposed the request for protection. 2. At the request of the petitioner, petition is allowed to be withdrawn. Petitioner is free to adopt appropriate remedy so as to challenge the judgment and decree dated 27th June, 1997 referred to above. This Court has not expressed any view on merits of the matter. The operation of the impugned judgment and decree dated 27th June, 1997 referred to above is stayed till 21st October, 2011. (R.Y.GANOO, J.)