IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO.159 OF 2005 AND CIVIL APPLICATION NO.329 OF 2005 IN SECOND APPEAL NO.159 OF 2005 Sarla Paes .... Appellant Vs. Sarat Paes & Ors. .... Respondents Sarvasri M.B. D’Costa, Senior Advocate, with J.A. Lobo for the Appellant. Shri Sudin Usgaonkar for the Respondent No.1. CORAM: CORAM: CORAM: R.M.S. KHANDEPARKAR, J. DATED: DATED: DATED: FEBRUARY 24, 2006 P.C: P.C: P.C: Learned counsel appearing for the appellant states that in view of the fact that Second Appeal is not maintainable considering the valuation of the suit in question and, more particularly, in view of Section 102 of the Code of Civil Procedure, 1973, the appellant craves leave to withdraw the appeal and the civil application with liberty to file a writ petition. The appeal and the civil application are accordingly allowed to be withdrawn and stand disposed of accordingly. Needless to say that the appellant would be entitled for refund of the Court fee in accordance with the provisions of law. (R.M.S.Khandeparkar,J.) sjs/224sag159.5