IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.467 OF 2008 IN NOTICE OF MOTION NO.88 OF 2008 IN SUIT NO.28 OF 1998 IN PETITION NO. 626 OF 1996 Mrs. Vera Joseph Menezes .. Appellant Vs. Sr. Nellie Meneze and others .. Respondents Mr. J. Mitra i/by Mr. Rohit Shetty for the appellant. Ms. Asmat Hippargi i/by Mr. Rogue D'Mello for the respondents. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 17TH FEBRUARY, 2009 P.C. Firstly, the arguments on this petition were heard and the matter was reserved for judgment vide order dated 11th February, 2009. Then, we directed this matter to be listed for directions today because of certain irregularity in the prayer of the notice of motion filed by the appellant before the learned Single Judge and keeping in view the provisions of law in that regard. Today, the learned counsel appearing for the appellant-applicant submits that he wishes to withdraw the Notice of Motion No.88 of 2008 and consequently, the present appeal with liberty to file fresh notice of motion before the learned Single Judge in accordance with law. 2. In the facts and circumstances of the case and particularly, keeping in view the fact that the application was for withdrawal of the petition/suit and the fact that the learned counsel appearing for the respondents has no objection to the request made before us, we permit the appellant to withdraw Notice of Motion No.88 of 2002 in Testamentary Suit No.22 of 1998 in Testamentary Petition No.626 of 1996 and the present appeal as well with liberty as prayed. Application and appeal both are disposed of accordingly. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.