: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5349 OF 2007 CIVIL APPLICATION NO.5349 OF 2007 CIVIL APPLICATION NO.5349 OF 2007 IN IN IN FIRST APPEAL NO.2103 OF 2006 FIRST APPEAL NO.2103 OF 2006 FIRST APPEAL NO.2103 OF 2006 Dr.Subhalaxmi Atmaram Jaiswal ...Applicant V/s. Rahul Assorya J. Asoorya & Ors. ...Respondents Mr.K.K. Tated, Advocate, for the Applicant. Mr.G.S. Godbole, Advocate, for Respondent No.1. Mr.I.M. Khairdi, Advocate, for Respondent No.3. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 30TH JANUARY, 2008. DATE : 30TH JANUARY, 2008. DATE : 30TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Mr.Tated, learned Advocate appearing for the applicant (first respondent in the Appeal) states that the applicant desires to file a suit / appropriate proceedings for possession of the suit premises subject matter of the disputed Will and he will apply for reliefs which are prayed for in this application in the said suit/proceedings which the applicant intends to file. He, therefore, seeks permission to withdraw this application with liberty to file an application claiming the same reliefs in the suit or proceedings which may be filed by the applicant. : 2 : 2. Accordingly, Application is dismissed as withdrawn. It will be open for the applicant to pray for the reliefs which are prayed for in this application in the suit/proceedings which may be filed by the applicant. 3. All contentions of the parties on merits of the prayers made in this Application are kept open. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]