1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.12 OF 2009 IN TESTAMENTARY SUIT NO.86 OF 2008 Trupti Deepak Patel & Anr. .. Petitioners/ plaintiffs Versus Miss Puja Manoj Gandhi & Ors. .. Respondents/Caveators. WITH CHAMBERR SUMMONS NO.13 OF 2009 NOTICE OF MOTION NO.58 OF 2009 NOTICE OF MOTION NO.59 OF 2009 AND NOTICE OF MOTION NO.13 OF 2009 IN TEST.SUIT NO.86 OF 2008 (NOT ON BOARD) WITH NOTICE OF MOTION NO.14 OF 2009 IN TEST.SUIT NO.87 OF 2008 (NOT ON BOARD) Mr.Chetan Kapadia i/b.Lilani Shah & Co. for plaintiffs Mr.J.A.Udaipuri i/b. Seema Chettri for defendant/ caveatrix 2 CORAM : S.C.DHARMADHIKARI, J. DATE : 5th August 2009. P.C.: 1] Mr.Udaipuri appearing for caveators – defendants in each of these matters, viz., Testamentary Suit No.86 of 2008 and 87 of 2008 states that the caveators have instructed their Advocate to withdraw the caveats in each of these matters. 2] Once the caveats are being withdrawn as stated above, the petitions do not remain any longer as contested suit and, therefore, the petitioners in each of these petitions can approach the Registry for the follow up action. 3] Registry to expedite the proceeding. 4] Mr.Udaipuri, then contends that there is dispute with regard to one property mentioned in the schedule, being Item No.1 to the probate 3 petition. Needless to state that once caveats are withdrawn, the proceedings are no longer contested and, therefore, no directions can be issued as requested, but it would be open for the caveators to adopt such proceedings as are permissible in law to assert their right, title and interest in this property. All contentions in that behalf are kept open. In view of disposal of this chamber summons, the connected chamber summonses and notices of motions in the connected suits are also disposed of. (S.C.DHARMADHIKARI, J)