KANAIYALAL RAVASHAKER VAJARIA Vs. JAGANNATHBHAI JAGDISHBHAI DEVSHANKER TRIVEDI

JUDGEMENT

(1.) When this application is taken up for hearing, learned advocate Shri S.M Shah for the applicant has pointed out that the applicant has already preferred Civil Misc. Application No. 30 of 2012 in the Court of Principal Senior Civil Judge, Morbi for revocation of the succession certificate/heirship certificate under Sec. 383 of the Indian Succession Act. Learned advocate Shri Pratik Jasani appearing for the respondent has stated before the Court that in the said revocation proceedings, the respondent has already appeared through his advocate and filed reply vide Exh.9

(2.) Learned advocate for the applicant, therefore, requests that since the Court below is seized with such application for revocation of succession certificate, the applicant may not prosecute further with the present proceedings before this Court and requests this Court to direct the Court below wherein the revocation application is pending, to decide the same independently, and in accordance with law without being influenced by the fact that succession certificate was granted by the order of the Appellate Court.

(3.) Learned advocate Mr. Pratik Jasani has no objection if the applicant is permitted to withdraw the present proceedings and if the Court of learned Principal Senior Civil Judge, Morbi is directed to decide the revocation application of the applicant pending before it, independently on its own merits and in accordance with law, without being influenced by the fact that it was the Appellate Court who had allowed the appeal and granted such succession certificate/heirship certificate.