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Patna High Court

Shiv Kumar SinhaversusThe Estate of Deceased Sadhu Barai and Chamari Barai

Decided
Disposal
WITHDRAWN

Holding

The appeal is withdrawn and the petition is disposed of.

Summary

Shiv Kumar Sinha appealed against a District & Sessions Judge's order dismissing his application for probate of a will on the ground that it was time‑barred under the law of limitation. The appellant filed Miscellaneous Appeal No. 531 of 2019 seeking relief from that dismissal. Subsequently, the appellant moved the Patna High Court with an interlocutory application requesting the withdrawal of the appeal. Justice Rajiv Roy entertained the application and allowed the withdrawal, thereby disposing of the appeal. The order also clarified that the withdrawal does not prejudice the appellant's right to pursue other matters in different forums.

Issues considered

  • Whether the appellant may withdraw the pending miscellaneous appeal.

Subjects

  • probate
  • law of limitation
  • withdrawal of appeal
  • miscellaneous appeal
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.531 of 2019
                 ======================================================
                 Shiv Kumar Sinha Son of Late Yugal Barai Resident of Village-Mushi Bira,
                 Police Station-Makhdumpur, District-Jehanabad

                                                                          ... ... Appellant/s
                                                   Versus
                 The Estate of Deceased Sadhu Barai and Chamari Barai son of Late Bihari
                 Bari, resident of Village-Mushi Bira, Police Station-Makhdumpur, District-
                 Jehanabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Prabhat Ranjan Singh, Advocate
                 For the Respondent/s   :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   12-02-2026                              I.A. No. 01 of 2026

                               Heard Mr. Prabhat Ranjan Singh, learned counsel for

                   the appellant.

                               2. Learned counsel for the appellant by filing the

                   aforesaid Interlocutory Application prays for withdrawal of the

                   Miscellaneous Appeal No. 531 of 2019.

                               3. In that background, I.A. No. 01 of 2026 stands

                   disposed of allowing the appellant to withdraw the petition.

                                  Miscellaneous Appeal No. 531 of 2019

                               4. The present appeal has been preferred for the

                   following relief(s):

                                               “against the order dated 31.05.2019

                                  passed by the learned District & Sessions Judge,

                                  Jehanabad in Probate Case No. 01 of 2019
          Patna High Court MA No.531 of 2019(7) dt.12-02-2026
                                                      2/2




                                    whereby the application filed by the appellant for

                                    grant of probate of the will of the respondent has

                                    been dismissed by the learned District & Sessions

                                    Judge, Jehanabad as it is time barred and hit by

                                    law of limitation.”

                                 5. In view of the aforesaid fact, Miscellaneous Appeal

                    No. 531 of 2019 stands disposed of as withdrawal.

                                 6. Needless to add, this withdrawal will not come in

                    way of the appellant litigating the other matters before other

                    forums.



                                                   (Rajiv Roy, J)
Adnan/-

U


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