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Judgment
Gautam Kumar Choudhary, J
This appeal has been preferred under Section 299 of the Indian Succession Act against the impugned order dated 09.12.2011 passed in Probate Case No. 01 of 2010, whereby and whereunder, probate has been granted in favour of the respondent with respect to registered WILL executed on 17.05.2005. The probate was granted vide order dated 09.12.2011 and the appeal was preferred after a delay of 900 days.
I.A. No. 4588 of 2014 was filed and subsequently supplementary affidavit to said interlocutory application was also filed for condoning the delay.
Learned counsel appearing on behalf of the appellants seeks withdrawal of this appeal with permission to pursue appropriate legal remedy, not particularly against the order impugned in this miscellaneous appeal, but with respect to the title of the property.
Learned Senior Counsel appearing on behalf of the respondents raises objection to the conditional withdrawal.
Having considered the submissions advanced on behalf of both sides, this Court is of the view that the Probate Court is only concerned with the validity of the WILL and not with respect to the title of the property which is the subject matter of the probate. So far probate is concerned, on withdrawal of instant miscellaneous appeal, it has attained finality. However, appellants will be at liberty to file any title suit with respect to the subject matter of the property.
Miscellaneous Appeal stands dismissed as withdrawn with the aforesaid liberty.
Pending I.A., if any, stands disposed of.