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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1455 of 2009
with
WRIT PETITION NO. 1459 OF 2009
Sheetal d/o. Kusumben Venilal Shah and anr. ....Petitioners V/s. Jekorben wd/o. Prabhulal Shah (deceased) Niruben wd/o. Dhirajlal Shah & ors. ....Respondents
Mr. R.S. Patil for the petitioners. Mr. Sudarshan Shinghrani for respondents 1 to 4.
CORAM : A.M.KHANWILKAR,J. DATED : 16TH FEBRUARY, 2009
P.C.
After hearing Counsel for the parties in deference
| to | the observations m |
ade | by the |
Court, | Cou | nsel | for | the |
|---|---|---|---|---|---|---|---|---|
| petitioner | on inst |
ructions | submit |
s t |
hat | the | pe | titioners |
| be pe |
rmitted to withd |
raw | these | petitions | w | ith | liberty | to |
| the | petitioners to |
raise | all | questions | a | vailable | to | the |
| petitioners | in relation |
to | two | orders | imp | ugned | in | these |
| petitions of the ‘Will to have been |
as well as Deed’ produced before the Tr accepted at the appropriate s |
the ial Cou tage. |
question rt ought |
that | the | carbo | n | copy |
| 2. | Counsel for the Respondents | in all f | airness accepts | |||||
| that in |
so far as |
the | correctness | of | the | impu | gned | orders |
| as | well as that of |
the | orders | passed | by | the | Trial | Court |
refusing to exhibit the carbon copy of the Deed of Will
2
is a matter which can be agitated in Appeal, if the
petitioners are required to file one against the final
decision of the Trial Court.
be withdrawn leaving all questions open.
[A.M.KHANWILKAR,J.]
1 issue framed by the court
Whether to allow the withdrawal of the writ petitions.
Sheetal d/o. Kusumben Venilal Shah and anr.
Jekorben wd/o. Prabhulal Shah (deceased) Niruben wd/o. Dhirajlal Shah & ors.
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
