Janki Devi vs Sanjeev Kumar Dubey @ Vicky & Ors
2023 Latest Caselaw 1990 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
             (Civil Miscellaneous Appellate Jurisdiction)
                       M.A. No. 447 of 2018

Janki Devi                                                       ..... ...... Appellant
                              Versus
Sanjeev Kumar Dubey @ Vicky & Ors.    .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Appellant : Mr. Rajeev Ranjan Tiwary, Advocate Mr. Ranjit Kumar Tiwary, Advocate For the Respondent No.1 : Mr. Mukesh Kumar, Advocate For the Respondent No.2 : Mr. Ashok Kumar Pandey, Advocate

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The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that audio and video qualities are good.

Order No.07/Dated: 8th May, 2023 After some argument, Mr. Rajeev Ranjan Tiwary, learned counsel for the appellant assisted by Mr. Ranjit Kumar Tiwary, learned counsel has submitted that the instant Miscellaneous Appeal has been preferred by the appellant-Janki Devi against the judgment dated 02.01.2016 passed by the learned Principal District Judge, Lohardaga in Probate Case No. 01 of 2015, whereby the will dated 19.01.1998 executed by Kedar Nath Dubey in favour of respondent No.1, namely, Sanjeev Kumar Dubey @ Vicky without impleading the appellant as a party in the learned Court below, which causes serious prejudice to him.

Mr. Rajeev Ranjan Tiwary, learned counsel for the appellant has submitted, that to take legal remedy under the law available to him with regard to his property, he may be allowed to withdraw the instant Miscellaneous Appeal so as to agitate his right before the appropriate Forum.

Mr. Mukesh Kumar, learned counsel appearing on behalf of the respondent No.1 and Mr. Ashok Kumar Pandey, learned counsel appearing on behalf of the respondent No.2 have no objection.

Accordingly, the instant Miscellaneous Appeal is dismissed as withdrawn with liberty to appellant to take legal remedy available under the law.

Pending Interlocutory Application, if any, stands closed.

(Kailash Prasad Deo, J.) Madhav/-