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Patna High CourtC.Misc./451/2020withdrawn

Reeta Devi @ Reeta Mandal v. Tonu Kumari

2022-12-06Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.451 of 2020 ====================================================== Reeta Devi @ Reeta Mandal Wife of late Dayanand Bhusan, Resident of Vikllage- Sivachakmal, P.S. and P.O. Khajkala, Jhauganj, Patna City, DistrictPatna-7, AT Present Daughter of Sri Surendra mandal, Village- Bishanpur, P.O. Kumhara, P.S. Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

Tonu Kumari Daughter of Late Dayanand Bhusan, Village- Shivchak Mal, Guljarbagh, Daldatikhan, District- Patna-7 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Barun Kumar Choudhary, Advocate.

For the Respondent/s :

Mr. Abhay Shanker, Advocate.

Mr. Gyan Ballabh Singh, Advocate Ms. Renu, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2022 Heard learned counsel for the parties concerned. By the Judgment dated 19.3.2019 passed by the learned Sub Judge - XV, Patna, the petition filed by the petitioner under Section 372 of the Indian Succession Act, the learned District Court refused to grant succession certificate in favour of the petitioner.

Learned counsel for the respondent submits that the impugned judgment is appealable under Section 384 of Indian Succession Act.

In view of the aforesaid, learned counsel for the petitioner seeks permission to withdraw this application with liberty to prefer an appropriate appeal before an appropriate

Patna High Court C.Misc. No.451 of 2020(5) dt.06-12-2022 2/2 court of law.

Permission is granted.

Accordingly, this application is dismissed as withdrawn with aforesaid liberty.

(Anil Kumar Sinha, J) S.Ali/- U