IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 818 OF 2009 SHRI SADANAND DATTATRAY GAITONDE AND 6 ORS., ... Petitioners Versus SHRIMAT SATCHIDANAND SARASWATI ( DECEASED) BY HIS SUCCESSOR AND 12 ORS., ... Respondents Shri S. D. Lotlikar, Senior Advocate with Shri H. Kankonkar, Advocate for the Petitioners. Shri A. N. S. Nadkarni, Senior Advocate with Shri A. J. Kenkre, Advocate for Respondent No.1. Coram:- N. A. BRITTO, J. Date:- 23rd April, 2010 P.C.:- The challenge in this Writ Petition is that the prayer of the decree holders was in relation to the structures which were shown on plan at page 32. However, the impugned Order directs demolition of the structures as per plan Exh.PW6/A. The contention is that the learned Executing Court could not grant a relief which was not sought by the decree holders. After hearing the matter for some time, Shri A. N. S. Nadkarni, the learned Senior Counsel appearing on behalf of the decree holders seeks leave to withdraw the application dated 3-10-2009 with liberty to file a fresh application. Leave granted. As a result, the impugned Order is hereby set aside with liberty to the decree holders to file a fresh application for the demolition of structure nos.9, 10 and 13 as per Exh. PW6/A. Shri Nadkarni, learned Senior Counsel submits that they will file a fresh application for demolition of the said structures nos.9, 10 and 13 as shown on the plan Exh.6A. They may do so. Needless to say, the Judgment Debtors would be entitled to file their reply and object to the same. In case application is filed by the decree holders the same be decided within a period of two months from the date of filing the application. Writ Petition is disposed off on the above terms along with the application. N. A. BRITTO, J. RD.