[ 2026:JHHC:24294] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 398 of 2018 1. Sanjiv Dey, son of late Jaba Dey; 2. Sandip Dey, son of late Jaba Dey; 3. Dinesh Chandra Dey, husband of late Jaba Dey; All resident of village-Bandhpara, Dumka Town, P.O.-Dumka, P.S.-Dumka (Town), District-Dumka. ..... … Appellants Versus 1. Saivesh Layak, son of late Shasti Pada Layak, resident of village- Bandhpara, Dumka Town, P.O.- Dumka, P.S.-Dumka (Town), District- Dumka; 2. Samar Layak, son of late Rash Bihari Layak, resident of village- Napitpara, P.O.-Dumka, P.S.- Dumka(T), District-Dumka. 3. Chayan Kumar Sen, son of late Subhra Sen; 4. Nayan Kumar Sen, son of late Subhra Sen; All resident of village- Shanti Nagar, Bandhpara, P.O.-Dumka, P.S.-Dumka(T), District-Dumka; 5. Namita Laha, wife of Ganesh Laha, resident of village-Nonihat, Purana Bazar Bengali Tola, P.O.+P.S.- Hansdiha, District-Dumka. ..... … Respondents. -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Appellants : Mr. Rajeeva Sharma, Sr. Advocate. : Mr. Om Prakash, Advocate. For the Respondents : Mrs. Neeharika Mazumdar, Advocate. ------ 10/ 13.08.2026 This appeal has been preferred under Section 299 of the Indian Succession Act, 1925, against the order dated 24.01.2017, passed by the learned District and Additional Sessions Judge-I, Dumka, in Probate Case No. 02 of 2010, whereby the learned court has been pleased to dismiss the said probate case. 2. After some arguments, Mr. Rajeeva Sharma, learned senior counsel appearing for the appellants, on instruction, seeks permission to withdraw this appeal with the liberty to move before the competent [ 2026:JHHC:24294] -2- court of civil jurisdiction for filing of the partition suit, as the appellants and the respondents are brothers and sisters respectively. 3. Mrs. Neeharika Mazumdar, learned counsel appearing for the respondents has got no objection. 4. As such, this appeal is permitted to be withdrawn and disposed of with the aforesaid liberty. 5. Let the Trial Court Records be sent back to the learned Court forthwith. (Sanjay Kumar Dwivedi, J.) Dated:-13.08.2026 Amitesh/-