Patna High Court
Shiv Kumar SinhaversusThe Estate of Deceased Sadhu Barai and Chamari Barai
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The appeal is withdrawn and the petition is disposed of.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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