Kacharu Madhav Misal v. Shobha Ramdas Selar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 56 FIRST APPEAL NO. 3226 OF 2016 WITH CA/4984/2015 IN FA/3226/2016 KACHARU MADHAV MISAL

VERSUS

SHOBHA RAMDAS SELAR AND ORS.

......

Ms. S.D.More, Advocate for appellant.

Mrs. P.V.Langhe, Advocate for R - 1 to 3.

Mr. A.M.Phule, A.G.P. for R - 4.

......

CORAM : V.L.ACHLIYA, J.

DATE : 27th JULY, 2018 ......

ORAL ORDER :

1.

Learned counsel for the applicant/appellant seeks permission to withdraw the Appeal with liberty to adopt appropriate remedy provided under the Indian Succession Act, 1925 to revoke the certificate of Probate issued in favour of respondent Nos. 1 to 3.

2.

Allow to withdraw with liberty as prayed for. The time consumed for prosecuting the remedy before this Court may be considered in case if delay is to be considered for entertaining the proceeding before the appropriate Court.

3.

Record and proceedings be sent back to the trial Court forth-with.

[V.L.ACHLIYA] JUDGE KNP/F.A. 3226.2016