1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 1 OF 2010 IN TESTAMENTARY PETITION NO.305 OF 1991 S.H. Baptista and Ors. ...Petitioners Vs. Nelson Baptista & Ors. ...Respondents. ----- Ms.Anjali Helekar i/b. Neel Helekar for Petitioners Mr. G.Misquitta for Respondents ----- CORAM: V.M. KANADE J. DATED: 15TH JANUARY, 2010 P.C. 1. The learned Counsel appearing on behalf of the Petitioner seeks leave of this Court to withdraw this Misc. Petition with liberty to take out an appropriate proceeding for the purpose of challenging the Probate which was granted to the Respondent No.1. 2. Misc. Petition is allowed to be withdrawn with liberty as prayed. It is clarified that this is subject to the rights and contentions of both the parties. (V.M. KANADE J.) 2