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High Court of DelhiTEST.CAS./59/2023

Sumit Suri v. State Of Himachal Pradesh To Be Served Through Deputy Commissioner Office & ORS.

2024-11-26Hon'Ble Ms. Justice Manmeet Pritam Singh Arora2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 59/2023 & I.A. 22723/2023, 42713/2024 SUMIT SURI .....Petitioner Through:

Plaintiff in person.

versus STATE OF HIMACHAL PRADESH TO BE SERVED THROUGH DEPUTY COMMISSIONER OFFICE & ORS.

.....Respondents Through:

Ms. Niyati Jadaun, Advocate for R4, 6 & 7.

Mr. Nirmal Kumar, Advocate for R10 (Bank of Baroda). Mr. P. K. Dash and Mr. Mithlesh Kumar, Advocate for R-11.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 26.11.2024 TEST.CAS. 59/2023 & I.A. 22723/2023 1.

The petitioner is present in person, who is a practicing advocate. 1.1. He states that he seeks leave of this Court to withdraw the present case filed with respect to the unregistered Will dated 05.12.2022 executed by late Sh. Kapil Suri. He states that legatees under the Will are the respondent no. 6 and respondent no. 7, minor daughters of respondent no.4 and late Kapil Suri.

1.2. He states that he has renounced the executorship and seeks permission to withdraw the petition while reserving the liberty to respondent nos. 6 & 7 to seek letter of administration if they deem appropriate on attaining The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/12/2024 at 12:10:23

majority.

2.

Learned counsel for the Respondent No.4 states that Respondent No. 4 has been granted custody of Respondent Nos. 6 & 7, who are minor daughters by the Family Court, Rohini on 23.03.2024. She states that Respondent No. 4 is disputing the veracity of this Will, however, she has no objection to the withdrawal of captioned petition and the application being allowed.

3.

The present petition is accordingly dismissed. 4.

The right, if any, of respondent nos. 6 & 7 to apply for letters of administration will be determined by the appropriate forum as and when such a petition is filed upon attaining majority in accordance with law; however, no liberty as prayed for by the Petitioner is being reserved at this stage.

MANMEET PRITAM SINGH ARORA, J NOVEMBER 26, 2024/ssc/AKT Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/12/2024 at 12:10:23