Allahabad High Court
MEENA DEVI AND 4 OTHERS IN THE MATTER OF THE GOODS OF LATE RAM DULARIversusNO RESPONDENT
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioners to file a fresh suit.
Summary
Meena Devi and four others filed a petition in the Allahabad High Court concerning the goods of the late Ram Dulari. The petitioners, through counsel, sought to withdraw the petition and requested liberty to file a fresh suit, alleging that the original case was not properly constituted. The respondents did not oppose the withdrawal. The court considered the request and allowed the petition to be withdrawn, granting the petitioners liberty to initiate fresh proceedings. Consequently, the petition was dismissed as withdrawn.
Issues considered
- Whether the petition can be withdrawn with liberty to file a fresh suit
Subjects
- testamentary
- withdrawal
- petition
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TESTAMENTARY CASES No. - 35 of 2026
Meena Devi And 4 Others In The Matter Of The
Goods Of Late Ram Dulari .....Petitioner(s)
Versus
No Respondent
.....Respondent(s)
Counsel for Petitioner(s) : Bijendra Kumar Tripathi, Lokesh Kumar
Mishra
Counsel for Respondent(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. At the very outset, learned counsel for the petitioner seeks to withdraw the
present petition with liberty to file afresh, as according to him, the
testamentary case has not properly been constituted.
2. Learned counsel for the respondents have no objection to the same.
3. The testamentary case is dismissed as withdrawn with liberty aforesaid.
September 18, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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