IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 799 OF 2009 SHRI DINKAR SAVLARAM PARAB AND ANR., ... Petitioners Versus SHRI SUDHIR DINKAR PARAB ... Respondent Mr. R. G. Ramani,Advocate for the petitioners. Mr. D. Pangam, Advocate for the respondent. Coram:- A. P. LAVANDE, J. Date:- 14th September, 2010 P.C. Heard Mr. Ramani, learned Counsel appearing for the petitioners and Mr. Pangam, learned Counsel appearing for the respondent. 2. By this petition, the petitioners have challenged the order dated 28th August, 2009 passed by the Civil Judge, S.D., Quepem in Regular Civil Suit No.26/2008/B dismissing the application dated 15th April, 2009 filed by the defendants. By the said application, the petitioners/ defendants in the suit, sought dismissal of the suit on the ground that the same has become infructuous. 3. In the suit, the respondent sought the following reliefs : (a) For a permanent injunction restraining the defendant nos. 1 and 2 from expelling the plaintiff from the said firm w.e.f. 31.03.2008 as contended in the said notice dated 18.02.2008. (b) For a declaration that the said notice dated 18.2.2008 is bad, illegal, and null and void. (c) For a declaration that action of the defendant nos. 1 and 2 to expel the plaintifif from the said firm is malafide and not in good faith. (d) Such other and further relief that this Hon'ble Court deems fit and proper. (e) For costs. 4. According to Mr. Ramani, learned Counsel for the petitioners, on account of death of defendant no.2 on 29th March, 2009, the reliefs sought in the suit are no more available in view of Section 42 of the Indian Partnership Act, 1932 and partnership deed entered into between the parties. Mr. Pangam, learned Counsel for the respondent states that the respondent/ plaintiff desires to seek amendment of the plaint seeking rendition of accounts by the defendant and other appropriate reliefs. 5. In view of the statement made by Mr. Pangam, Mr. Ramani seeks leave to withdraw the petition and submits that all the contentions of the rival parties be kept open. 6. Accordingly, the writ petition stands disposed of as withdrawn. All the contentions of the rival parties are kept open. A. P. LAVANDE, J. SMA