ORDER : 1. Counsel for the petitioner seeks leave to withdraw the present petition while reserving the right of his client to file an application in Probate Petition No.4/1994 filed by the respondent No.1, mother of the petitioner and wife of the deceased, Shri Kashiram, who had executed the will dated 17.08.1978, in respect whereof a probate was granted vide judgment dated 11.12.2003. 2. Leave, as prayed for, is granted. The petition is dismissed as withdrawn alongwith the pending application.