IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 406 OF 2010 MR. R. B. SHIPPING, THROUGH ITS PROPRIETOR MR. RAJENDRA BAKHALE. ... Petitioner Versus THE NATIONAL INSURANCE COMPANY LTD, THROUGH ITS DIVISIONAL MANAGER ... Respondent Ms. F. Mesquita, Advocate for the Petitioner. Shri M. S. Joshi, Advocate for the Respondent. Coram:- N. A. BRITTO, J. Date:- 22nd July, 2010 P.C.:- Heard learned Counsel on behalf of the parties. By Order dated 15-7-2009, the learned Civil Judge had directed that issues nos. 6, 7, 8 and 10 be decided as preliminary issues. Neither of the parties have challenged the said Order. Prima facie, it appears that the onus to prove the said issues is on the Defendants. Plaintiff filed an affidavit dated 17-8-2009. Learned Counsel on behalf of the plaintiff seeks leave to withdraw the said affidavit stating that the plaintiff will lead evidence in rebuttal on the said issues nos.6, 7, 8 and 10 after the Defendants lead evidence to prove the same. In the light of that, nothing survives in this Writ Petition, and accordingly the same is disposed off. N. A. BRITTO, J. RD.