W.P. No.10138/2010 4.8.2010
Shri Hari Shankar Dubey, learned counsel for the petitioner.
Heard.
This petition is directed against an order dated 20/5/2010
passed by District Judge, Anuppur in Misc. Civil Appeal No.58/2009,
by which an appeal preferred by the petitioner against an order dated
10/11/2009 passed in Succession Case No.21/2009 by Civil Judge
Class-I, Anuppur was dismissed.
The aforesaid appeal was filed under Section 384 of the
Indian Succession Act, 1925 and sub-section (3) of this section
provides that subject to the provisions of sub-section (1) and to the
provisions as to reference to and revision by the High Court and as to
review of judgment of the Code of Civil Procedure, 1908 (5 of 1908),
as applied by Section 141 of that Code, an order of a District Judge
under this part shall be final. In view of the aforesaid, a revision
against such an appellate order is maintainable before the High
Court. The petitioner may avail the remedy under Section 115 of the
Code of Civil Procedure, 1908.
At this stage, learned counsel for the petitioner submits that he
may be permitted to withdraw this petition with liberty to file revision
against the order dated 20/5/2010 passed by District Judge, Anuppur
in Misc. Civil Appeal No.58/2009 (Annexure-P/2). Prayer is allowed.
With the aforesaid liberty, this petition is dismissed as
withdrawn.
Office to return the certified copy of impugned order
Annexure-P/2 to the petitioner if he appears in the office along with
the photocopy of this order.
(Krishn Kumar Lahoti) (J.K. Maheshwari)
Judge Judge
ts