1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION MISC.PETITION NO.59 OF 2007 IN TESTAMENTARY PETITION NO.87 OF 2004 Mohamed Harun and Ors. .. Petitioners Versus Faiyaz Ahmed Azmatullah Shaikh and Ors. .. Respondents Mr.Toor i/b. S.K.Legal Associates for petitioners Mr.Shailesh Shah i/b. R.M.Pande and Co. for respondent Nos. 2, 4 and 5 Mr.N.Raja for respondent No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : 16th January 2009. P.C. . Upon noticing that there are certain errors and discripancies, Mr.Toor on instructions from the petitioners, seeks leave to withdraw this miscellaneous petition with liberty to file a fresh petition. Request is not opposed by the respondents. 2 2. Leave to withdraw the petition is granted with liberty as prayed. Needless to state that no opinion is expressed on the merits of the controversy and all pleas of both sides are kept open. No costs. 3. It is also clarified that the controversy as to whether the petitioners have any locus to claim reliefs in the petition is also kept open. (S.C.Dharmadhikari, J)