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Judgment
Rekha Borana, J
Office has pointed out the defect as under:
"(1) Counsel to check and correct the case type also complete Appeal will be checked thereafter."
On the said defect been pointed out, time was granted to learned counsel for the appellant to cure the same by the Registrar (Administration) on 20.03.2023 and further, by the Court on 15.05.2023 and 14.08.2023. Till date, the defect has not been removed.
Today, learned counsel for the appellant fairly submitted that the present regular appeal against the order impugned whereby the application of the plaintiff under Section 372 of the Indian Succession Act was rejected, would not lie.
In view of the same, he seeks permission to withdraw the present appeal with liberty to take the appropriate remedy.
In view of the submission made, the permission as prayed for is granted.
The present appeal is therefore, dismissed as withdrawn with the liberty as aforesaid.
The stay application also stands dismissed.