1 IN THE HIGH COURT OF BOMBAY AT GOA. WRIT PETITION NO. 338 OF 2009 MR. SHIVA SUBHAN GANDHI AND ANR., ... Petitioners. Versus MR. SUBAN S. GANDHI AND ANR., ... Respondents. Mr. Rohit Bras De Sa, Advocate for Petitioners. Mr. S. Padiyar, Advocate for Respondent No. 1 & 2. Coram:- A. H. JOSHI. J. Date:- 26 th August, 2009. 1. Rule. Rule is made returnable forthwith and is heard by consent. 2. Learned Advocate for the respondent has tendered a purshis which reads as follows:- 1. The respondents (original decree holders) in Regular Execution Application 10/08/D before the Court of Civil Judge Junior Division at Vasco da Ga;ma, Goa desire to withdraw the aforesaid Execution application with liberty to file appropriate execution application before the executing court. 2. The Regular Execution Application 10/08/D before the Court of Civil Judge Junior Division at Vasco da Gama, Goa be disposed off as withdrawn with liberty; as prayed for. 3. The subsistence allowance paid before the Executing court by the respondents be ordered to be returned to the 2 respondents. 4. By virtue of the withdrawal of the Execution application as above, the impugned order dated 22.5.09 be set aside. 3. In view of the purshis, Rule is made absolute in terms of paras 2 to 4 and liberty as in para 1 thereof. 4. In the circumstances, parties are directed to bear own costs. A.H. JOSHI, J. MF/-