Anil Kumar Singh v. Smt.Sharda Sinha @Sharda M.

Patna High Court TEST SUIT No.1 of 1987 (141) dt.03-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Test Suit No.1 of 1987 ====================================================== Anil Kumar Singh .... .... Petitioner/s

Versus

Smt.Sharda Sinha @Sharda M.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parimal Chandra Das Mr. S. K. Singh For the Respondent/s : Mr. Madan Mohan Mr. Abhay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03.11.2017 I.A. no. 6240/2017 has been filed on behalf of the plaintiff praying therein for withdrawal of present test suit and for return of all original documents of the plaintiff.

It would appear from perusal of annexure 1 to interlocutory application that Civil Appeal nos. 55695572/2008 was pending before the Hon'ble Apex Court and the aforesaid appeals were disposed of directing for withdrawal of probate case vide judgment dated 3.8.2017 and in the light of the aforesaid direction of the Hon'ble Apex Court, withdrawal petition has been filed.

In view of the aforesaid facts as well as submissions of the parties, applicant is permitted to

Patna High Court TEST SUIT No.1 of 1987 (141) dt.03-11-2017 withdraw the present suit and accordingly, present suit stands disposed of as withdrawn.

So far as return of exhibited documents filed on behalf of the plaintiff is concerned, exhibited documents including original deed be returned to the plaintiff subject to filing of certified substituted copy of the documents in question within three months from today.

In the aforesaid manner, I.A. no. 6240/2017 stands disposed of.

Shahid (Hemant Kumar Srivastava, J) U