IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 872 OF 2009 SHRI JANARDHAN HARI NAIK (SINCE DECEASED) THROUGH LR'S AND ANR., ... Petitioners Versus SHRI PREMNATH RAGHUNATH NATEKAR ... Respondent Mr. S.D. Lotlikar, Senior Advocate with Mr. P. S. Lotlikar, Advocate for the Petitioners. Mr. V.P. Thali, Advocate for the Respondent. Coram:- N. A. BRITTO, J. Date:- 28th June, 2010 P.C.: After hearing this Writ Petition for some time, Shri Lotlikar, the learned Senior Counsel on behalf of the petitioners/judgment debtors submits that the petitioners will nave no objection as to the amendment granted to the petitioners, for restitution. Learned Senior Counsel further submits that whether the reliefs sought in the said petition can be granted, can be decided by the Executing Court afresh after hearing both the parties, uninfluenced by the observations made in the impugned order. This is acceptable to Shri Thali, the learned Counsel appearing on behalf of the respondent/decree holder. Shri Thali also submits that the decree holder may keep open his option to ask for an inquiry, in case it is necessary, considering the objections to be filed by the petitioners/judgment debtors to the petition, which has been amended. The statements made by the Counsel are accepted. It is made clear that this Court has not ordered any inquiry to be conducted and the option is that of the respondent. 2. In the light of the said statements, nothing survives in this Writ Petition and, consequently, the same is disposed of. Parties to appear before the learned Executing Court on 12/07/2010 at 10.00 a.m. N. A. BRITTO, J. NH