: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION SUIT SUIT SUIT NO.7 NO.7 NO.7 OF 1988 OF 1988 OF 1988 IN IN IN PETITION PETITION PETITION NO.60 NO.60 NO.60 OF 1988 OF 1988 OF 1988 Dr.Jugalkishore Jamnadas Merchant .. Plaintiff. Versus Rajendra Dwarkadas Agarwal .. Defendant. Mr.R.S.Tripathi with Mr.S.N.Manoti for plaintiff. Mr.T.A.Purohit for defendant. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 21st January, 2008. : 21st January, 2008. : 21st January, 2008. P.C.: P.C.: P.C.: . On the motion made by the learned Counsel appearing for the plaintiff, suit is allowed to be withdrawn and dismissed as such. Needless to mention that the plaintiff would be entitled for refund of Court fees, if any, as per rules. No order as to costs. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)