Bombay High Court
BRIJ M. BAKSHIversusMADAN M. BAKSHI
- Decided
- Disposal
- WITHDRAWN
- Bench
- FARHAN PARVEZ DUBASH
Holding
The petition is disposed of as withdrawn.
Summary
The plaintiff, Brij M. Bakshi, filed a testamentary petition (TS/54/1999) in the Bombay High Court. Due to health concerns, he later expressed a desire to discontinue the proceedings. The plaintiff's counsel, Mr. Denzil D’mello, applied for leave to withdraw the petition. The court considered the request and, finding no objection, ordered the petition to be disposed of as withdrawn. Consequently, any court fees, if paid, were to be refunded as per the rules, and any related interim applications were also dismissed.
Issues considered
- Whether the plaintiff may be allowed to withdraw the testamentary petition on account of health reasons
Subjects
- withdrawal of suit
- testamentary petition
- court procedure
Judgment
8B.TS/54/1999
Brij M. Bakshi Vs. Madan M. bakshi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 54 OF 1999
IN
TESTAMENTARY PETITION NO. 380 OF 1999
Brij M. Bakshi … Plaintiff
V/s.
Madan M. Bakshi … Defendant
_______________________________________
Mr. Denzil D’mello for Plaintiff in TS/54/1999 and for Defendant for
TS/7/2000.
Ms. Rishika A. Jain, Adv. Ooshma Jain i/b. Ms. Dipti Das for Plaintiffs in
TS/7/2000 and for Defendants in TS/54/1999.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 13th JANUARY 2026
P. C.:
1. Mr. D’mello, learned Counsel who appears on behalf of the
Plaintiff/Petitioner on instructions states that his client is no longer desirous
of prosecuting the present Petition on account of his health and accordingly
seeks leave to withdraw the same.
2. Considering the above request, the present Testamentary
Petition which has since been converted into Testamentary Suit No. 54 of
Page 1 of 2
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Order dated 13h January 2026
8B.TS/54/1999
Brij M. Bakshi Vs. Madan M. bakshi
1999 is hereby disposed of as withdrawn.
3. Refund of Court fees if any, as per rules. Interim Application if
any, shall also be disposed of in terms of the above order.
( FARHAN P. DUBASH, J. )
Ajay Jadhav
8B.TS/54/1999
Digitally
signed by
JYOTI
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
2026.01.14
15:16:22
+0530
Page 2 of 2
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Order dated 13h January 2026
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