1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO.72 OF 2009 IN TESTAMENTARY SUIT NO.36 OF 2002 IN TESTAMENTARY PETITION NO.602 OF 2001. Umakant Bapulal Contractor & Anr. ..Plaintiffs. vs. Nitin Bapulal Contractor & Anr. ..Defendants. .... Mr. Atit Shukla, a/w. Ms. Nina Kapadia, i/b. Pandya Gandhi & Co., for Plaintiffs. Mr. K.K.V. Kurup, for Defendants. Mr. N.B. Contractor, Defendant No.1, present. Mr. P.B. Contractor, Defendant No.2, present. .... CORAM : S.J.KATHAWALLA, J. DATE : 18TH JUNE 2009. P.C. This Notice of Motion No.72 of 2009 is taken out by the applicants Shri Nitin B. Contractor and Mrs. Parvati B. Contractor, seeking withdrawal of the affidavit dated 11 th April 2001 filed by Mrs. Parvati B. Contractor in support of the Probate Petition and for 2 allowing Mrs. Parvati B. Contractor to file affidavit of evidence in the above petition and to contest the petition. 2. After hearing the parties at length, the parties have agreed that the notice of motion be disposed of by the following order :- (i) The affidavit dated 11 th April 2001 filed by Mrs.Parvati B. Contractor be treated as withdrawn. (ii) Mrs. Parvati B. Contractor is not desirous of contesting the Will by filing any caveat and shall only be giving evidence in the suit as a witness by the defendant Shri Nitin B. Contractor. It is made clear that Mrs. Parvati B. Contractor is not a party to the present proceedings. (iii) The allegations made in the Notice of Motion against the plaintiff/petitioner are withdrawn. 3. The evidence of Mrs. Parvati B. Contractor tendered by Mr. Kurup, learned Advocate for the defendant – Shri Nitin B. Contractor is taken on record. The cross-examination of Mrs. Parvati 3 B. Contractor is kept tomorrow at 10.a.m. since she is an elderly lady of 80 years of age and has to leave for Ahmedabad by 12.00 noon. 3. In view thereof, Notice of Motion stands disposed of. [ S.J.KATHAWALLA, J. ]