Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4098 of 2018 Petitioner :- Mahesh Rastogi Respondent :- Vishal Rastogi Counsel for Petitioner :- Vijaya Shankar Shukla Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for setting aside the order dated 3.8.2017 passed by Addition Civil Judge, Ist Bareilly in Original Suit No. 707 of 2009 (Vishal Rastogi vs. Mahesh Rastogi), whereby the application moved by the petitioner for summoning the writer of the Will deed one Jaidev Gangwar, Advocate has been rejected on the ground that the Will deed has already been proved by producing one marginal witness.
After some arguments, learned counsel for the petitioner prays that he may be permitted to withdraw the present petition with liberty to challenge the aforesaid order at the time of challenging the final judgment, if the need so arise.
Present petition is accordingly dismissed as withdrawn with liberty aforesaid.
Order Date :- 30.5.2018 Lalit Shukla