1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISC.PETITION NO.44 OF 2008 IN TESTAMENTARY PETITION NO.123 OF 1985 Kusum Shantilal Shah .. Petitioner Versus Mohan Gangaram Patil .. Respondent Mr.J.S.Kini i/b. Suresh Dubey for petitioner Mr.Murudkar for respondent No.1 and 2 CORAM : S.C.DHARMADHIKARI, J. DATE : 13th February 2009. P.C. . The petition is argued for some time but the petitioner sought leave to move a chamber summons for its amendment. 2. The chamber summons has been duly served and matter was placed for orders today. 3. Upon seeking instructions, Mr.Kini prays 2 for leave to withdraw the Misc.Petition with liberty to file a fresh petition, seeking relief of removal of Mohan Gangaram Patil as an Executor so also for appropriate directions to him for rendering accounts and furnishing such particulars and details about the estate as are available with him. 4. The petition is allowed to the withdrawn with liberty to file fresh petition. All contentions of the petitioner and respondent are kept open and no opinion is expressed thereon. Petition dismissed as withdrawn with liberty as above. In the light of this withdrawal, Chamber Summons No.14 of 2009 does not survive and stands disposed of accordingly. NOTICE OF MOTION NO.87 OF 2008 WITH NOTICE OF MOTION NO.130 OF 2008 WITH NOTICE OF MOTION NO.3 OF 2009 3 . These motions stand disposed of in the light of the withdrawal of the petition. However, ad-interim orders, if any, operating as of today, shall continue to operate for a further period of six weeks to enable the petitioner to take out appropriate proceedings for such reliefs. (S.C.Dharmadhikari, J)