: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.65 OF 2009 IN REVIEW PETITION NO. OF 2009 INI PETITION NO.49 OF 1994 IN TESTAMENTARY SUIT NO.20 OF 1994 Mehli Ratanshaw Birdy .. Applicant / Defendant / Caveator V/s. Aloo Noshir Dubash .. Respondent/ Plaintiff / Petitioner ..... Ms. Kanchan Pamnani for the petitioner / plaintiff ..... CORAM : R.Y. GANOO, J. DATE : 14TH JULY, 2009. P.C. : 1. As the notice of motion was called out, learned advocate Ms. Pamnani appearing on behalf of the petitioner / plaintiff tendered affidavit of Aloo Noshir Dubash, the petitioner / plaintiff. The said affidavit is perused. Said petitioner / plaintiff : 2 : does not wish to prosecute the petition. In view of this, following order is passed. ORDER . Petition No.49 of 1994 stands disposed of with no order as to costs. Testamentary suit No.20 of 1994 is accordingly disposed of. . All other interim proceedings including Review Petition stand disposed of with no orders. . Refund of Court fee is granted as per rules. (R.Y. Ganoo, J.)