IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 8397 OF 2008 WRIT PETITION NO. 8397 OF 2008 WRIT PETITION NO. 8397 OF 2008 Smt. Asha Mahadev Tambe ] .. Petitioner Versus 1. The Commissioner, The Municipal ] Corporation of Gr. Bombay & anr. ] .. Respondents Mrs. Kranti Kamble for the petitioner. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 5TH JANUARY, 2009 P.C. : 1. Heard learned counsel for the petitioner. 2. The petitioner is, admittedly, the second wife of the deceased. There is a Will in her favour. The first wife is alive and, therefore, there is a contest amongst both the wives. However, whenever there is a Will, it has to be probated and thereafter executed. Instead of following the said remedy, the petitioner has approached this court under Article 226 of the Constitution. 3. Having realised this aspect, the learned : 2 : counsel states that she may be allowed to withdraw the Writ Petition with liberty to follow appropriate proceedings. 4. Writ Petition is allowed to be withdrawn with liberty as prayed for and stands disposed of accordingly. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]