IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 69 OF 2011 SHRI RAMDAS GURUDAS PHADTE ... Petitioner Versus SHRI SHANKAR NAGUESH NAIK AND ANR., ... Respondents Mr. A. D. Bhobe, Advocate for the petitioner. Coram:- A. P. LAVANDE, J. Date:- 2nd February, 2011 P.C. By this petition under Article 227 of Constitution of India, the petitioner has challenged the order dated 7th January, 2011 by which the petitioner has been sentenced to undergo simple imprisonment for one month and his defence has been struck off. 2. Under Section 104(1)(h) of C.P.C. against an order imposing fine or directing arrest or detention in civil prison of any person except where such arrest or detention is in execution of decree, appeal lies against the order passed by the trial Court. 3. In view of the above, Mr. Bhobe, learned Counsel for the petitioner seeks leave to withdraw the petition with liberty to avail of remedy of appeal. The petition is allowed to be withdrawn. Needless to mention that the petitioner is at liberty to avail of appropriate remedy as may be available in law. 4. Writ Petition stands disposed of as withdrawn. A. P. LAVANDE, J. SMA