IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 497 OF 2008 UNION OF INDIA REPRESENTED BY GARRISON ENGINEER PANAJI THROUGH MAJOR Y. K. GANDHI ... Petitioner Versus M/S. D. K. CONSTRUCTIONS AND 2 ORS., ... Respondents Mr. Joseph Vaz, Advocate for the petitioner. Coram:- C. L. PANGARKAR, J. Date:- 6th February, 2009 P.C. This writ petition has been filed against the order passed by the Additional District Judge, Fast Track Court, Margao on 17.04.2008 whereby he rejected the plea of the present petitioner to withdraw the application for execution with liberty to file a fresh application. 2. Notice of the writ petition is served on the respondents. None appears for them. 3. After having heard the learned counsel, I find that the order passed by the learned Additional District Judge is patently wrong. There is no limitation on number of applications which could be filed for execution. The decree holder is always entitled to withdraw his petition as many times and file fresh execution application within a period of 12 years. In the circumstances, the order passed by the Additional District Judge is set aside. The petitioner is allowed to withdraw the application. The Execution proceedings are therefore dismissed as withdrawn. The petitioner is at liberty to file a fresh execution application within a period of twelve years. The petition is disposed of. C. L. PANGARKAR, J. lh/.