1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5142 of 2008 Shri Percy L.D’Abreo through P.A. holder Richard D’Souza .. Petitioner versus Mrs.Yvette Dias & ors. .. Respondents ... Mr.Richard D’Souza, C.A. of the petitioner. Mr.R.G. Ketkar, Amicus Curiae. Mr.Hiralal Thacker, Sr. Advocate appointed as Amicus Curiae to be assisted by Mr.Amit Gor,Advocate. CORAM : A.M.KHANWILKAR, J DATED : 7th August 2008 P.C.: 1. Learned Amicus Curiae has fairly stated that the order which is impugned in this writ petition is an appealable order. The petitioner who is represented by his Constituted Attorney has requested for permission to withdraw this petition with liberty 2 to take recourse to remedy the appeal. 2. In the circumstances, this petition is dismissed as withdraw with liberty as prayed for by the petitioner. All questions in the appeal including the question of limitation are left open to be decided at appropriate stage. 3. Registry is directed to return the certified copy of the impugned judgement to the petitioner so as to enable the petitioner to present appeal against the said decision, if so advised. 4. The Court expresses word of gratitude to Mr.Thacker as well as Mr.Ketkar for having assisted the court as Amicus Curiae. (A.M.KHANWILKAR, J)