IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 12 OF 2008 SHRI. AJIT VASANT PAI ... Petitioner Versus SHRI. BALAJI SHRIDHAR PAI ... Respondent Mr. C. A. Coutinho, Advocate for the Petitioner. Mr. A. D. Bhobe, Advocate for the Respondent. Coram:- A. P. LAVANDE, J. Date:- 13th November, 2008 ORAL ORDER Heard Mr. Coutinho for the Petitioner and Mr. Bhobe for the Respondents. 2. By this Petition, the Petitioner challenges Order dated 29.08.2007 passed by the Civil Judge, Junior Division in Canacona in Regular Civil Suit no. 11/07, by which, application for amendment dated 06.07.07 filed by the petitioner seeking to amend the counter-claim filed by him in the above referred suit, has been dismissed. 3. Mr. Coutinho, learned Counsel for the Petitioner, states that the averments made in the application for amendment were not properly made and, therefore, he seeks leave to withdraw the application with liberty to file afresh application with proper averments. 4. Mr. Bhobe, learned Counsel appearing for the Respondent has no objection for withdrawal of the application provided all the contentions of the Respondent are kept open. 5. In the facts and circumstances of the case and in view of no objection given by learned Counsel for the Respondent, the Petitioner is permitted to withdraw the application for amendment dated 06.07.07 with liberty to file fresh application for amendment. Consequently, the impugned Order dated 29.08.07 is set aside. In case the Petitioner choses to file a fresh application for amendment, the Trial Court shall decide the same on its own merits in accordance with law. All the contentions on behalf of the Respondent are kept open. Writ Petition stands disposed of. A. P. LAVANDE, J. arp/*