USHA DEVI Vs. SHASHI BHUSHAN AND ORS

JUDGEMENT

(1.) The appellant has challenged order dated 6.11.2009 passed by Civil Judge (Sr. Divn.) Yamunanagar at Jagadhari passed on an application filed under Section 372 of Indian Succession Act.

(2.) Learned Counsel for the appellant submits that this Court has already held in the case of Jitender Kaur and Ors. v. Jaskirat Kaur and Ors. FAO No. 2524 of 2007 decided on 25.2.2009 reported in , (2009-2) 154 P.L.R. 701 that if the case under Section 372 of Indian Succession Act, 1925 (for short 'the Act') has been decided by Civil Judge (Sr. Divn.) exercising the powers of District Judge, then appeal would lie to the District Judge under Section 388(1)(2) of the Act.

(3.) Hence, counsel for the appellant prays for withdrawal of the appeal with liberty to file in accordance with law.