: 1 : nmt-71-11=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 71 OF 2011 IN TESTAMENTARY PETITION NO. 1133 OF 2007 Ramesh Shivling Sakhare .. Petitioner v/s. Kamal Kisan Tavaskar .. Applicant ......... Mr. Satish P. Kamat for the petitioner Mr. Anil Agarwal for the applicant ......... CORAM : R.Y.GANOO, J DATE : 22nd AUGUST, 2011. P.C. : 1. Perused prayer clauses in the motion. In order to seek relief in terms of prayer clause (b), present proceedings are not maintainable. It will be open for the applicant to take out appropriate proceedings so as to seek relief in terms of prayer clause (b). 2. On hearing this, learned Counsel appearing on behalf of the applicant applies for withdrawal of this motion with liberty to file appropriate proceedings. Motion is allowed to be withdrawn. Liberty as prayed for granted. (R.Y.GANOO, J.)