IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENT AND INTESTATE JURISDICTION NOTICE OF MOTION NO.88 OF 2008 IN TESTAMENTARY SUIT NO.22 OF 1998 IN TESTAMENTARY PETITION NO.626 OF 2006 Mrs.Vera Meneze ....Plaintiff V/s. Sr.Nellie Meneze & Ors. ....Defendants Ms.Rajni Iyer, Senior Counsel with Mr.Rohit Shetty for the Plaintiff. Mr.Rogue D’Mello for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 12TH SEPTEMBER, 2008. P.C. : 1. The Notice of Motion seeks the following reliefs :- "(a) That the Petitioners/Plaintiffs be and are hereby permitted to withdraw the Probate Petition bearing No.626 of 1996 now converted into Suit No.22 of 1998, under the amended provisions under ‘The Indian Succession (Amendment) Act, 2002 (26 of 2002)." 2. I do not intend expressing any opinion on the provisions of Section 213 of the Indian Succession Act, 1925 including as amended by the Amendment Act of 2002. The Petitioner/Plaintiff is at liberty to withdraw the suit unconditionally. Needless to add that this would be without prejudice to the rights and contentions of all the parties. The withdrawal of the suit is at the risk of the Petitioner.