IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 228 OF 2005 MS. MARIA SANTAN D'SOUZA ....Petitioner Versus MRS. MARIA CONCEICAO LIBANIA ....Respondents SILVEIRA AND 15 ORS. Mr. S. D. Lolikar, Senior Advocate with Ms. Shreya S. Naik, Advocate for the petitioner. Mr. Mahesh Sonak, Advocate for the respondents. Coram:- R. M. LODHA, J. Date:- 14th October, 2005 P.C. The learned Counsel for the respondents raised the objection that upon rejection of the application for condonation of delay, the Trial Court also disposed of the application for setting aside the ex parte decree which is reflected from proceedings dated 11.4.2005 and, therefore, the petitioner has alternative remedy of appeal. 2. The learned Senior Counsel for the petitioner submits that the writ petition was filed because the petitioner was under impression that the application for condonation of delay has only been dismissed and that the application for setting aside ex parte decree was pending before the Trial Court and, therefore, the appeal was not maintainable against the order dismissing the application for condonation of delay. He submits that now since the learned Counsel for the respondents has informed that upon dismissal of the application for condonation of delay, the application for setting aside the ex parte decree has also been disposed of, the petitioner may be permitted to withdraw this writ petition with liberty to file an appeal against the impugned order. 3. The prayer made on behalf of the petitioner for withdrawal of the writ petition is accepted. The writ petition is allowed to be withdrawn with liberty as prayed for. R. M. LODHA, J. ssm.