1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION MISC.PETITION NO.8 OF 2008 Chandru Belani .. Petitioner Versus Lachmandas J. Belani & Ors. .. Respondents Versus Smita Kirti Shah .. Applicant (In N/Motion) Ms.Sabhyata Rajpurohit i/b. Kalpana Trivedi for petitioner Mr.B.G.Saraf for applicant CORAM : S.C.DHARMADHIKARI, J. DATE : 16th January 2009. P.C. . This matter was placed for orders today. 2. Learned Advocate for petitioner, however, states that she has received instructions from the petitioner to withdraw this petition. In the light of this statement, petition is allowed to be withdrawn and dismissed as such. 2 3. In the light of withdrawal of the petition, the Notice of Motion No.6 of 2009 instituted in this petition also does not survive and dismissed as such. Needless to state that the applicant in motion can avail of all remedies available to him in law to assert and prove his right, title and interest in the subject immovable property. All contentions are kept open. (S.C.Dharmadhikari, J)