1. Mr.
A.R. Thacker, learned advocate for the applicants has invited attention to the following observations made by the learned 3rd Additional District Judge in the impugned order dated 20th October, 2011 passed in Civil Miscellaneous Appeal No.43/2011:-
"23. In view of the statutory provisions, the succession certificate cannot be issued for immovable property and the same can be issued only for debt and security, and therefore, the parties may decide their rights, title and interest by the competent Civil Court in respect of the property and/or amount of compensation payable to the deceased. In view of the above discussions, I answer the Issue Nos.1 and 2 in the affirmative."
2. The learned advocate submits that in the light of the aforesaid observations, the applicants seek permission to withdraw the revision with a view to avail of appropriate remedy by way of instituting a suit.
3. Permission, as prayed for, is granted. The revision is rejected as withdrawn.
( Harsha Devani, J. ) hki Top