- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi TESTAMENTARY SUIT NO.22 OF 2003 IN TESTAMENTARY PETITION NO.693 OF 2001. Shri Maurice John Fonseca. ..Plaintiff. vs. Mrs. Natty David Gonsalves ..Caveator/ Defendant. .... Mr.S.R. Saudagar, i/b. Mr.R.R. Naik, for Plaintiff. Mr. Maurice Fonseca, Plaintiff, in person. Mr. Dinesh Shah, i/b. Lilani Shah & Co., for Defendant. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 26TH MARCH, 2009 : 26TH MARCH, 2009 : 26TH MARCH, 2009. P.C.: P.C.: P.C.: . The learned Advocate for the plaintiff on instructions seeks to withdraw the suit/petition. The plaintiff/petitioner Shri Maurice John Fonseca is present in Court. He has also informed the Court that he wants to unconditionally withdraw the suit/petition. 2. In view thereof, the petition as well as the suit are dismissed as withdrawn. Chamber summons no.39 of 2009 also stands disposed of. However, this order will not preclude the defendant and/or her heirs from taking out appropriate proceedings against the plaintiff/petitioner as advised. 3. Refund of Court fees as per rules. - 2 - [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]