: 1 : mpt-60-07=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.60 OF 2007 IN PROBATE PETITION NO.836 OF 2004 Kamlakar Sadashiv Gavande .. Petitioner v/s. Sekharchandra Sahu & Anr. .. Respondents ......... Mr. V.S. Jadhav for the petitioner Mr. H.V. Kode for the respondents ......... CORAM : R.Y.GANOO, J. DATE : 30th MARCH, 2011 P.C. : 1. This petition was filed by one Mr. Kamlakar Sadashiv Gavande. Learned Counsel Mr. Kode appearing on behalf of the respondents informed the Court that he has been served with the copy of amended petition so as to bring heirs of Kamlakar S. Gavande on record. I have verified with the assistance of the learned Counsel for the petitioner as to whether the amendment has been carried out. The learned Counsel for the petitioner had to concede that the amendment has not been carried out. Be that as it may, I have taken up the petition for hearing. : 2 : mpt-60-07=.sxw 2. Few facts are required to be stated before the final order of withdrawal is being passed. One late Mr. Manohar Keshav Gavande had executed document purported to be Will dated 20th February, 2002. Respondent no.2 had filed the Probate Petition No.836 of 2004 for securing probate of the said Will. According to the present petitioner, said deceased Manohar K. Gavande expired living behind him his wife Mrs. Pramila. It is the case of the petitioner that one letter was addressed to various persons who are not before the Court, alleging therein that the said Will was improperly executed, ultimately to suggest that the Will should not be acted upon. No steps were taken to move the Court to lodge her protest and to oppose the grant of the petition. The probate was granted on 6th July, 2005. 3. This petition is filed by the present petitioner who claims to be the Nephew of Mrs. Pramila. According to him, the manner in which the probate was secured was not proper. In the course of hearing of this petition, learned advocate for the petitioner was asked to point out to the Court locus standi of the present petitioner on the basis of facts and developments. He could not place before the Court his locus standi. Ultimately after making some efforts to argue in support of the petition, Learned Counsel for the petitioner upon instructions from Mr. Prafulla : 3 : mpt-60-07=.sxw Kamlakar Gavande, son of Kamlakar S. Gavande, who is present in the Court applied for withdrawal of this petition. Petition is allowed to be withdrawn with no order as to costs. (R.Y.GANOO, J.)