1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION SUIT NO. 41 OF 2007 IN PETITION NO. 1042 OF 2006 Yezdi Keki Divecha. ... Plaintiffs. V/s. Kersi Savaksha Contractor. ... Defendant. Ms. J.M. Sidhwa i/b. Ivor Peter D’Cruz for the Plaintiffs. Ms. A.B. Kapadia i/b. Daphtary Ferreira & Divan for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 9th DECEMBER 2009. P.C. :- Ms. Kapadia, learned Advocate appearing on behalf of the Sole Caveator/Defendant states that she has instructions to apply for withdrawal of the Caveat and affidavit in support. 2. In the light of the instructions received and statement made, Caveat is dismissed as withdrawn. Since the Caveat is now dismissed, Office to proceed on the basis that the Petition is uncontested and issue the grant accordingly. 3. By consent, Suit No.1512 of 2006 be placed for withdrawal as it is directed by an order dated 13th January 2009 that this Testamentary Suit and Suit No.1512 of 2006 be heard together. Since the caveat is withdrawn, parties are desirous of placing the Suit for withdrawal. Place it on Friday, 11th December 2009 for withdrawal. (S.C. DHARMADHIKARI,J.)