Labhu Ratilal Santhalia v. Rajesh Chimanlal Shah And 2 ORS.

16-MPT53-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 53 OF 2016 Labhu Ratilal Santhalia

...Petitioner

Versus

Rajesh Chimanlal Shah & 2 Others

...Respondents

Mr. Gopal Hegde, with Mr. Satish Kamat, for the Petitioner. Ms. Bhadra M. Dalal, for the Respondents.

CORAM: G.S. PATEL, J DATED:

4th July 2016 PC:- 1.

On it being pointed out by Ms. Dalal that the revocation Petitioner had herself entered a Caveat in Testamentary Petition No. 1027 of 1999 and which came to be dismissed on 6th April, 2010, a fact that is wholly suppressed in this revocation Petition, Mr. Hegde quite correctly seeks leave to unconditionally withdraw the Petition.

2.

The revocation Petition is dismissed as withdrawn. To leave no room for doubt, this withdrawal is permitted without liberty to file a fresh petition for the same relief.

(G. S. PATEL, J.) 4th July 2016