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Calcutta High CourtPLA/367/2023dismissed as withdrawn

In The Goods Of Shri Ashok Dugar, Deceased v. Na

2025-07-31Hon'Ble Justice Arindam Mukherjee2 pages

ORDER SHEET OD-77 PLA/367/2023

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION

IN THE GOODS OF:

SHRI ASHOK DUGAR, DECEASED

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 31st July, 2025 Appearance:

Mr. Kaushik Pradhan, Adv.

For the petitioner.

The Court :- It is submitted by Mr. Kaushik Pradhan, the learned Advocate appearing on behalf of the petitioner, who claims to be the executor appointed under the last Will and Testament dated 3rd October, 2011 said to have been left behind by the above named deceased as also the sole beneficiary thereunder that the petitioner does not wish to proceed any further with this application. The executor is also the sole beneficiary under the said Will. In the application it has also been clearly stated that the mother and wife of the testator predeceased him and to the best of the knowledge of the executor the said testator died issueless.

In the aforesaid facts and circumstances, the application for grant of probate stands dismissed for non-prosecution. The original Will annexed to this application shall be returned back to the applicant on submission of loco copy thereof after completing all formalities thereto.

The Court, however, does not allow the prayer of the petitioner for refund of the Court fees.

(ARINDAM MUKHERJEE, J.) snn