IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 235 of 2003
Bihar State Financial Corporation, Patna . ..Appellant
Versus
Ram Lakhan Prasad @ Lachhu & Ors. ..Respondents
Coram :THE HON'BLE MR. JUSTICE R.K. MERATHIA
----------
For the Appellant : Mr. A.K. Yadav, Advocate
For Respondent No. 1 : Mr. A.K. Mishra, Advocate
:
-------
11/11.5.2009
Mr. A.K. Yadav, appearing for the appellant, submitted that
the appellant may be permitted to withdraw this appeal in view of the
statements made in paras 7 and 8 of the affidavit filed on behalf of
contesting respondent no. 1, which reads as follows:-
“7. That in this regard it is stated that the Testator of the
will is descendant of Late Roy Bhadur Jadunath Mukherjee
who own and possessed large landed property. Out of the
properties possessed by Rai Bhadur Jadunath Mukherjee
1.97 acres was purchased by B.N. Roy in 1939 and out of
the aforesaid purchase property 0.79 acres ( approx) acres of
land comprising within holding no. 174 Plot No. 112/554
was mortgaged to the BSFC over which M/s Annapurna Cold
Storage was situated which was a joint partnership between
Bishwanath Mukherjee, Smt. Savita Roy and Sri Produyat
Kumar Roy 0.79 acres which was mortgaged to the BSFC as
a security for obtaining loan from BSFC for M/s Annapurna
Cold Storage belonged to Sri B.N. Roy and not to the
testator.
8. That the remaining land of Rai Bhadur
Jadunath Mukherjee was partitioned and distributed in
Partition Suit No. 87/80 in which 1/3rd of the share falling to
the share of Arsa Mukherjee was purchased by then testator
Bishwanath Mukherjee and the testator Bishwanath
Mukherjee also got some more share in his own right as
defendant no. 22 in Partition Suit No. 87/80.
During his life time the Testator Bishwanath
Mukherjee sold majority of his land to different persons and
only about 0.32 acres have been left which is comprising
within the schedule of properties as defined in clause 1 of
the schedule of the application for probate. This land is
outside the area over which M/s Annapurna Cold Storage is
situated which has been mortgaged to the appellant BSFC.
Thus apart from 0.79 acres of land which stands mortgage to
the BSFC other landed property as mentioned in clause 1 of
the schedule for which probate has been granted is outside
the mortgaged property given to BSFC appellant”.
Counsel for respondent no. 1 has got no objection to such
prayer.
Accordingly, the appellant is permitted to withdraw this
appeal.
In that view of the matter, I.A. Nos. 1370 of 2003, 315/2007,
2248 of 2007, 497 of 2007 stand disposed of.
( R.K. Merathia, J)
Rakesh/