IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY SUIT NO.35 OF 1999. TESTAMENTARY SUIT NO.35 OF 1999. TESTAMENTARY SUIT NO.35 OF 1999. IN IN IN TESTAMENTARY PETITION NO.763 of 1998. TESTAMENTARY PETITION NO.763 of 1998. TESTAMENTARY PETITION NO.763 of 1998. Shri Suryakant Kanaiyalal Maganlal Sheth ..Petitioner/ Plaintiff versus Akshaya Sheth ..Defendants/ Caveators Ms.V.Shah i/b. Shah & Sanghvi for the defendant. Mr.Vaibhav Sukhdarei/b. Yasmin Bhansali & Co. for the defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 1st December, 2008. DATED : 1st December, 2008. DATED : 1st December, 2008. P.C. 1. Learned Advocate for the plaintiff-Suryakant Sheth has tendered affidavit expressing his desire to withdraw Testamentary Petition No.763 of 1998. The affidavit filed by Suryakant Sheth is taken on record. Testamentary Petition No.763 of 1998 is allowed to be withdrawn with no order as to costs. In view of this, Testamentary Suit No.35 of 1999 is disposed of with no order as to costs. Refund of Court fees in Testamentary Petition No.763 of 1998 is granted as per rules. -2- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)