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.20 OF 1998. TESTAMENTARY SUIT NO.20 OF 1998. TESTAMENTARY SUIT NO.20 OF 1998. IN IN IN TESTAMENTARY PETITION NO.127 of 1998. TESTAMENTARY PETITION NO.127 of 1998. TESTAMENTARY PETITION NO.127 of 1998. Shri Kanaiyalal Mathuradas Desai @ Shri Kanubhai Desai ..Petitioner/ Plaintiff versus Suryakant Kanaiyalal Sheth ..Defendants/ Caveators Mr.Vaibhav Sukhdarei/b. Yasmin Bhansali & Co. for the Plaintiff Ms.V.Shah i/b. Shah & Sanghvi 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. Defendant Suryakant K. Sheth wants to withdraw the caveat in this suit. Affidavit in support of such a desire is filed and it is taken on record. In view of this, the suit will have to be disposed of with no order as to costs and office will have to issue probate in accordance with the provisions of law. Hence the Order. ORDER . In view of the withdrawal of the caveat Testamentary Suit No.20 of 1998 is disposed of with -2- no order as to costs. . Testamentary Petition No.127 of 1998 is granted. Office to issue Probate on following appropriate procedure. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)