High Court of Judicature at Allahabad
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In Matter Of : Goods Of Late Krishna Lata Devi - Smt K.Kohli - TESTAMENTARY SUITS No. 2 of 2004  RD-AH 1670 (23 January 2006)
Hon. Sunil Ambwani, J.
Heard Shri Pradeep Verma in support of the application for withdrawal of the testamentary suit. He submits that his client Smt. Kusum Kohli, daughter in law of deceased Sm. Krishna Lata Devi, does not want to press her claim in the suit and wants to withdraw the testamentary case for letters of administration with will dated 27.1.99.
The defendants are two sons and two daughters of the deceased.
The testamentary case after contest was converted into testamentary suit No.2/2004. After exchange of pleadings and framing of issues opportunity was given to the plaintiff to lead evidence. He, however, absented and the plaintiff evidence was closed. Today when two witnesses namely Ms. Purva Duneja and Mr. Ram Ji Kohli are present in the Court, this application was filed to withdraw.
There is no settlement between the parties. The suit is being voluntarily withdrawn by Smt. Kusum Kohli. Shri Amit Saxena and Shri Vivek Choudhary appearing for the defendants have prayed for costs incurred by their clients in contesting the matter.
I find that taking into account the cost in engaging counsels, pleadings and expenses of witnesses, in coming to Allahabad for contesting the case quantified at Rs.25,000/- would be sufficient to take care of the expenses.
The suit is accordingly dismissed without any liberty to file a fresh claim with cost quantified at Rs.25,000/- to be paid by the plaintiff to the defendants.
In the matter of the goods of
Late Smt. Krishna Lata Devi
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