- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION jmi SUIT NO.52 OF 2002 IN PETITION NO. 988 OF 2001. Smt. Bakulaben, w/o. Anil Shailal Shah. ..Plaintiff. vs. Meena Rajiv Davda & Bhavin Anil Shah. ..Defendants. .... Ms.Bakulaben A. Shah, appearing in person. Mr.A.M.Vernekar, for the Defendant. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 12TH FEBRUARY,2009 : 12TH FEBRUARY,2009 : 12TH FEBRUARY,2009. P.C.: P.C.: P.C.: . The plaintiff is appearing in person. She is an educated lady having cleared her Inter Arts, and is fluent in English. She has informed the Court, that her Advocate on record has expired. She is not having the original of the Will. Even the witnesses shown in the copy of the Will are not willing to come forward and depose in support of the Will. Her son is defendant no.2 who has treated her very badly after the demise of her husband. He is occupying the family flat at Churchgate admeasuring 1100 sq.ft. and has driven her out of the house because of which she is residing at an - 2 - old age home. She has been helped and looked after by her daughter, who is defendant no.1 to the suit. She states that she has no other option but to withdraw her suit. She, therefore, desires to withdraw the testamentary suit/petition. 2. The suit is therefore dismissed as withdrawn. Refund of Court fees as per rules. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]