IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO. 14 OF 2010 MR. ANTONIO AGNELO DO PERPETUO AND 12 ORS., ... Appellants Versus MRS. REGINALDINA SAUDE COLACO E MARTINS (DECEASED) AND 3 ORS., ... Respondents Mr. V. Joglekar, Advocate with Mr. S. Mahajan and Mr. D. Vernekar, Advocates for the Appellants. Mr. Sudin Usgaonkar, Advocate with Ms. A. Pereira, Advocate for the Respondents. Coram:- F. M. REIS, J. Date:- 12th October, 2011 P.C. After hearing the matter for sometime, Shri Joglekar, learned Counsel appearing for the Appellants, on instructions, points out that there were some submissions and the evidence on record in support of such submissions, which were advanced before the Lower Appellate Court, which have not been dealt with by the learned Judge whilst passing the impugned Judgment dated 06.08.2009 and, as such, seeks leave to withdraw the above Second Appeal with liberty to file an appropriate application before the Lower Appellate Court for clarification/review of the Judgment and Decree dated 06.08.2009. The learned Counsel further points out that the Appellants should be protected as far as the delay in filing such application is concerned considering that time was lost on account of the filing of the present Appeal which can be excluded in view of Section 5 and 14 of the Limitation Act. 2. Shri Usgaonkar, learned Counsel appearing for the Respondents, state that any such proceedings should be in accordance with law. 3. In view of the above, the Appellants are permitted to withdraw the above Appeal with liberty as prayed for. In case any such application is filed, the learned Judge shall deal with the application after hearing the Respondents in accordance with law. The said contention of the learned Counsel appearing for the Appellants whether the time is to be excluded under the provisions of the Limitation Act, is a matter which has to be dealt with by the learned Judge whilst considering the application, after hearing the Respondents in accordance with law. 4. In view of the above, the Appeal stands dismissed as withdrawn with liberty as prayed for. Any application filed by the Appellants shall be considered as aforesaid in accordance with law. All contentions raised by the parties on merits are left open. F. M. REIS, J. arp/*