1 MPT125.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISIDCTION MISC. PETITION NO. 125 OF 2010 Mrs. Mangala Anil Dalvi. ... Deceased. Prashant Sunil Dalvi. ... Petitioner. Ms. Vinita N. Bhende for the Petitioner. CORAM : R.Y. GANOO, J. DATED : 16th MARCH 2011. P.C. :- After hearing learned Counsel for the Petitioner, it is noted that the deceased Mangala A. Dalvi died leaving behind Mr. Sunil Mukund Dalvi as her heir in accordance with the provisions of Hindu Succession Act as she was processing Hindu religion. The Petition is filed by one Mr. Prashant Dalvi who is not heir of deceased Mrs. Mangala Dalvi. This Petition is not maintainable. 2. After hearing this expression, learned Counsel for the Petitioner applies for withdrawal of this Petition with liberty to file a Petition by a person who can claim to be the heir of Mrs. Mangala Dalvi. 3. For the reasons mentioned aforesaid and at the request of the learned Counsel for the Petitioner, the Petition is allowed to be withdrawn. Liberty as prayed for is granted. There shall be no order as to costs. (R.Y. GANOO, J.)