-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY AND AND AND INTESTATE JURISDICTION INTESTATE JURISDICTION INTESTATE JURISDICTION MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS PETITION NO.1 OF 2003 PETITION NO.1 OF 2003 PETITION NO.1 OF 2003 IN IN IN PETITION PETITION PETITION NO.590 OF 1997 NO.590 OF 1997 NO.590 OF 1997 Mr Peter Fernandes and anr. ...Petitioners v/s Benvemitta Annie D’Souza ...Respondent Mr S.V. Masurkar for Petitioner. Mr Cyrus Ardeshir i/b M/s Rustamji and Ginwala for Respondent. CORAM : D.K. DESHMUKH J. DATE : 23RD JUNE 2006. -2- P.C. :- 1. The learned counsel appearing for respondent states that grant of probate in his favour does not by itself make him owner of the property which is in dispute between the petitioner and the respondent. Inspite of the probate granted in favour of the respondent, the petitioner is free to establish his title in the civil suit that he may file. Statement is accepted. In view of this statement, on a motion made by the learned counsel appearing for petitioner, petition is allowed to be withdrawn. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary as true copy. . Certified copy expedited. -------------