[2026:RJ-JP:32469] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3220/2025 CNR: RJHC020549922025 | URN: CMA / 5473U / 2025 Shri Mohan Prakash Mathur S/o Late Shri Bhagwan Sahay Mathur, Manager (President) Guncha Trust, Yadgaare Guncha, R/ o F-18 Ramesh Marg, C-Scheme, Jaipur (Rajasthan) ----Appellant Versus 1 General, Public 2 Chander Prakash Mathur S/o Late Bhagwan Sahay Mathur, R/o K-22, Kishan Nagar, Shyam Nagar, Janpath, Sodala, Jaipur (Rajasthan) 3 Rajender Prasad Mathur S/o Late Shri Bhagwan Sahay Mathur, R//o K-23 Kishan Nagar, Shyam Nagar, Janpath, Sodala, Jaipur 4 Subhash Chand S/o Late Shri Bhagwan Sahay Mathur, R/ o F-18 Ramesh Marg, C-Scheme, Jaipur (Rajasthan) 5 Smt. Shanti Mathur W/o Late Shri Gulzari Lal Mathur, D/o Late Shri Bhagwan Sahay Mathur, R/o 72/288 Paramhans Marg, Mansarovar, Jaipur 6 Smt. Kanti Mathur W/o Shri Shambhu Lal Mathur, D/o Late Shri Bhagwan Sahay Mathur, R/o Plot No. 13-14, Ganpati Enclave, Mangyawas, Mansarovar Extension, Jaipur (Rajasthan) (Deceased) 6.1 Deepa Mathur (Sharmila) D/o Shri Shambhu Lal Mathur, R/o Plot No. 13-14, Ganpati Enclave, Mangyawas, Mansarovar Extension, Jaipur (Rajasthan) 6.2 Smt. Pramila Mathur D/o Shri Shambhu Lal Mathur, R/o Plot No. 13-14, Ganpati Enclave, Mangyawas, Mansarovar Extension, Jaipur (Rajasthan) 6.3 Rashmi Mathur D/o Shri Shambhu Lal Mathur, R/o Plot No. 13-14, Ganpati Enclave, Mangyawas, Mansarovar Extension, Jaipur (Rajasthan) 6.4 Ajay Mathur S/o Shri Shambhu Lal Mathur, R/o Plot No. 13-14, Ganpati Enclave, Mangyawas, Mansarovar Extension, Jaipur (Rajasthan) 6.5 Vijay Mathur S/o Shri Shambhu Lal Mathur, R/o Plot No. [2026:RJ-JP:32469] (2 of 3) [CMA-3220/2025] 13-14, Ganpati Enclave, Mangyawas, Mansarovar Extension, Jaipur (Rajasthan) 7 Smt. Shakuntala Mathur W/o Shri Umesh Narayan Mathur, D/o Late Shri Bhagwan Sahay Mathur, R/o 5/306, Malviya Nagar, Jaipur (Rajasthan) 8 Smt. Shashi Mathur W/o Shri Girdhar Goplal Mathur, D/o Late Shri Bhagwan Sahay Mathur, R/o House No. 2250 Ganesh Bhawan, Bhindon Ka Rasta, Jaipur (Rajasthan) ----Respondents For Appellant(s) : Mr. R.K. Mathur, Sr. Advocate asst. by Mr. Aayush Goyal and Mr. Deependra Yadav For Respondent(s) : Mr. Deepak Sharma HON'BLE MR. JUSTICE SUDESH BANSAL Order 17/08/2026 1. Appellant filed an application under Section 276 of the Indian Succession Act, for issuance of probate of Will dated 27.07.1986 executed by Shri Bhagwan Sahay Mathur (now deceased) before the learned District Judge. It appears that one of the natural heirs of late Shri Bhagwan Sahay Mathur, questioned the said Will, hence, the learned District Judge, Jaipur Metropolitan-I, vide order dated 05.05.2025, converted the application for probate into a civil suit in exercise of powers under Section 295 of the Indian Succession Act. Hence, the present appeal has been filed. 2. Learned Senior Counsel for appellant pointed out that during course of the appeal, mediation proceedings between parties have failed and now, instead of pursuing the present appeal on merits, appellant wants to withdraw his probate application itself in order to [2026:RJ-JP:32469] (3 of 3) [CMA-3220/2025] avail the remedy of filing a regular civil suit to crystallize his property rights based on the Will dated 27.07.1986. 3. Respondents have no objection for withdrawal of the appeal. 4. Permission is granted. 5. Accordingly, the present appeal is allowed to be withdrawn and same stands disposed of with the liberty as prayed for. 6. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin Sharma/ S-98