Ranjana Vinod Kejriwal v. Arun O Changoiwal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.86 OF 2017 IN TESTAMENTARY PETITION NO.196 OF 2009 Ratnidevi Babulal Kejriwal ...

Deceased Ranjana Vinod Kejriwal ...

Petitioner Vs.

Arun O. Changoiwal ...

Respondent Mr. Prabhu Velar for Petitioner.

Ms Swati H. Sagvekar for Respondent.

CORAM : R. G. KETKAR, J.

DATE :

SEPTEMBER 13, 2017 P.C. :

Heard Mr. Velar, learned Counsel for the petitioner and Ms Sagvekar, learned Counsel for the respondent. 2.

By this Petition, petitioner has prayed for revoking the grant of Probate dated 24.12.2010 granted tot he respondent in Testamentary Petition No.196 of 2009 and for declaration that the Will of Ratnidevi Kejriwal dated 14.03.2001 and all intermediate acts by the respondent are null and void ab initio among other prayers. The Petition is filed on the footing that petitioner got married to Vinod Kejriwal. Vinod Kejriwal was adopted by Babulal Kejriwal and Ratnidevi Kejriwal. 3.

Ms Sagvekar has tendered photocopy of decision dated 13.08.2009 in Family Court Appeal No.8 of 2005 passed by the Division Bench of this Court (Coram: P. B. Majmudar & R. V. More, JJ.). Aggrieved by this decision, petitioner preferred S.L.P. before the Apex Court, which was also dismissed. She submitted that petitioner has however not disclosed dismissal of the appeal and also dismissal of S.L.P.

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After arguing the Petition for quite some time, Mr. Velar seeks permission to withdraw the Petition unconditionally. The petitioner is also present personally in the Court and she has also expressed her intention to withdraw the Petition unconditionally and to that effect has given writing on the Farad of these proceedings. 5.

In view thereof, on the motion made by Mr. Velar, Petition is allowed to be withdrawn unconditionally and is dismissed as withdrawn. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2