( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION USJ TESTAMENTARY SUIT NO.53 OF 1996 TESTAMENTARY SUIT NO.53 OF 1996 TESTAMENTARY SUIT NO.53 OF 1996 IN IN IN TESTAMENTARY PETITION NO.435 OF 1996 TESTAMENTARY PETITION NO.435 OF 1996 TESTAMENTARY PETITION NO.435 OF 1996 Mrs. Edna D’Souza ..Plaintiff V/s. Lea Silveira & Ors. ..Caveators / Defendants ...... Mr. S.V. Uttam i/by M/s. Pardiwala & Co. for plaintiff None for the defendants. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 5th March, 2009 DATED : 5th March, 2009 DATED : 5th March, 2009 P.C.: P.C.: P.C.: 1. Learned Counsel for the plaintiff drew my attention to letter dated 11th March, 2008 addressed by advocate for defendant Nos.1 to 4 to the Registrar, High Court placing on record the letter received from defendant Nos.1 to 4 stating that they wish to withdraw the Caveat. The said letter is taken on record. 2. In view of this, Caveat filed by the defendant Nos.1 to 4 stands withdrawn. In view of this, the suit comes to an end and accordingly the suit is disposed of with no order as to costs. ( 2 ) 3. Now the Probate Petition No.435 of 1996 is required to be processed by the proper department and further steps will have to be taken. 4. Since the suit is disposed of, Office to process the Probate Petition and grant probate, subject to removal of Office objections and other procedural aspect. Office to proceed as expeditiously as possible. 5. Counsel for the plaintiff wants that certain amounts deposited by the plaintiff from time to time be returned to the plaintiff. He could not produce the order, by which the plaintiff was ordered to deposit the said amount. 6. Plaintiff is at liberty to make an application for withdrawal of the said amount by placing proper record before the Court. Once that application is made, further order can be passed. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)