Page No.# 1/2 GAHC010228962024 2025:GAU-AS:7645 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/123/2024 TANUJA CHETIA AND ANR W/O- LATE PULAKESH CHETIA, R/O- HOUSE NO. 4, NAVAGIRI ROAD, BYE LANE 3, CHANDMARI, P.O. SILPUKHURI, P.S. CHANDMARI, GUWAHATI- 781003, DIST.- KAMRUP(M), ASSAM 2: MISS MONJORY CHETIA D/O- MRS. TANUJA CHETIA REPRESENTED BY HER MOTHER TANUJA CHETIA R/O- HOUSE NO. 4 NAVAGIRI ROAD BYE LANE 3 CHANDMARI P.O. SILPUKHURI P.S. CHANDMARI GUWAHATI-781003 DIST.- KAMRUP(M) ASSA VERSUS AJITA GOHAIN AND ANR W/O- MR. UTPAL GOHAIN, R/O- HOUSE NO. 22, 2ND FLOOR, MONALISA PATH, ZOO NARENGI ROAD, GUWAHATI, DIST. KAMRUP(M), GUWAHATI- 781024, ASSAM 2:ALAKESH CHETIA S/O- LATE SATYA NATH CHETIA R/O- HOUSE NO. 4 NAVAGIRI ROAD BYE LANE 3 CHANDMARI P.O. SILPUKHURI P.S. CHANDMARI GHY-781003 Page No.# 2/2 DIST. KAMRUP(M) ASSA For the Petitioner(s) : Mr. T. Mazumdar, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 11.06.2025 The learned counsel appearing on behalf of the petitioners submitted that taking into account the settled position of law that in respect to obtaining a Probate of a Will, Article 137 of the Schedule to the Limitation Act, 1963 duly applies and seeking Probate of a Will being a noble duty of the executor, he would not like to press the instant petition which challenges the delay in filing the Probate application. 2. In that view of the matter, the instant petition stands closed on withdrawal. 3. It is observed that withdrawal of the present petition shall not prejudice the petitioner to contest the Will, if so advised. JUDGE Comparing Assistant