Sheela Rani vs State & Ors.
2015 Latest Caselaw 9507 Del

$~10
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      TEST.CAS. 42/2013
       SHEELA RANI                                   ..... Petitioner
                         Mr. Gaurav Mishra, Advocte with petitioner in
                         person

                         versus

       STATE & ORS                                   ..... Respondents
                         Through : Mr.Sanjeev Sagar, Advocate with
                         R-1 in person
                         Mr.Bharat Beriwal and Mr.K.C.Joshi, Advocates
                         with R-2 in person
                         Mr.Pradeep Tyagi, Advocate with R-3 in person

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 21.12.2015

IA No.25246/2015(by the petitioner u/O XXIII R 1 CPC)

1. The present application has been filed by the petitioner who is a

senior citizen, aged 82 years praying inter alia that she does not wish

to pursue the present petition and it may be deposed of.

2. It is stated in the application that the present petition has been

filed at the instance of the respondent No.1 and that too, without her

consent.

3. Having regard to the fact that the counsel who has filed the

present application on behalf of the petitioner was recently engaged to

conduct the case, in February 2015, to satisfy itself about the

petitioner's intention, the court had deemed it appropriate to summon

her so that it could be verified as to whether she genuinely wanted to

withdraw the petition or she was doing so under any pressure.

4. Pursuant to the said order, the petitioner has appeared today.

Respondents No.1 to 3 are also present with their counsels. The

petitioner is found to be fairly lucid though a little confused. She states

that she is ignorant of the filing of the present petition for seeking

probate of the will dated 31.12.1986, executed by her deceased

husband. She categorically states that she has no interest in pursuing

the present petition and she was not even aware that it had been filed.

5. Counsels for the respondents state that they have no objection

to the present application being allowed. Accordingly, the same is

allowed. In view of the submission made by the petitioner, the

petition is disposed of as not pressed.

HIMA KOHLI, J DECEMBER 21, 2015 mk