IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 611 OF 2010 SHRI ISMAIL IBRAHIM PATHAN ... Petitioner Versus SHRI MULLAM SHAIKH RASHID ... Respondent Mr. M. P. Almeida, Advocate for the petitioner. Mr. Sudesh Usgaokar, Advocate for the respondent. Coram:- A. P. LAVANDE, J. Date:- 30th March, 2011 P.C. Leave to delete the words 'Article 226' from the cause title. Amendment to be carried out forthwith. 2. Heard Mr. Almeida, learned Counsel for the petitioner and Mr. Usgaonkar, learned Counsel for the respondent. 3. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 30th July, 2010 passed by the Ist Additional Civil Judge, Senior Division, Margao by which the counterclaim filed by the petitioner, who is defendant in Special Civil Suit No.134/2001 has been dismissed in view of the absence of the petitioner/ defendant and his Advocate. 4. Mr. Usgonkar, learned Counsel for the respondent states that appropriate remedy available to the petitioner is to file an application under Order IX, Rule 9 of C.P.C. 5. In view of the above, Mr. Almeida, learned Counsel for the petitioner seeks leave to withdraw this petition with liberty to approach the trial Court with an application under Order IX, Rule 9 of C.P.C. 6. The petition is allowed to be withdrawn. The petitioner is at liberty to avail of appropriate remedy as may be available in law. 7. The petition stands disposed of as withdrawn. A. P. LAVANDE, J. SMA