1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 45 OF 1996 IN TESTAMENTARY PETITION NO.88 OF 1993 Oliver A. Desai ...Plaintiff. Vs. Ernest A. Desai ...Defendant. Ms.K.C.Nichani for the Plaintiff. Mr.G.T.Kukreja for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATED :- 15th December, 2009. P.C.- 1 In a Petition for Probate to the last Will and Testament of Mr.Malcolm Alfred Desai, the petitioner and the caveator/defendant have settled the matter out of the Court. The plaintiff, therefore, instructed his Advocate to withdraw the Suit unconditionally. The defendant has no objection for the same. The defendant has provided the cost to the plaintiff including Advocate fees. The Minutes of the Order dated 15.12.2009, marked “X”, signed by both the Advocates, is taken on record. 2 In view of this, the present Suit as well as the Petition are disposed of as withdrawn. The parties to take steps accordingly. (ANOOP V. MOHTA, J.)