Alwyn Thomas Barboza v. Sarita Franklin Barboza

916-TS122-10.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 122 OF 2010 IN TESTAMENTARY PETITION NO. 1091 OF 2010 Alwyn Thomas Barboza ...Plaintiff

Versus

Sarita Franklin Barboza ...Defendant WITH ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 171 OF 2012 Sarita F. Barboza ...Plaintiff

Versus

Alwyn Thomas Barboza & 6 Others ...Defendants Mr. Ramesh Ramamurthy, with Mr. Sai Ramamurthy, i/b Mr. B. G.

Saraf, for the Plaintiff in TS/122/2010 & Defendants Nos. 1 to 6 in S/171 of 2012.

Mrs. Ratna Bhargavan, i/b R. Bhargavan & Associates, for the Defendant in TS/122/2010 & Plaintiff in S/171/2012.

CORAM: G.S. PATEL, J DATED:

18th November 2016 PC:- 18th November 2016

916-TS122-10.DOC 1.

On instructions, and having considered the legal position under amended Section 213 of the Indian Succession Act, Mr. Ramamurthy seeks leave to withdraw Testamentary Suit No. 122 of 2010.

2.

Testamentary Suit No. 122 of 2010 and Testamentary Petition No. 1091 of 2010 are dismissed as withdrawn. No order as to costs. Refund of court fee in accordance with the Rules. 3.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 18th November 2016