Full Judgment Text
CA No. 1920 of 2009
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1920 OF 2009
ANIMESH RANJAN & ORS. ..... APPELLANT
VERSUS
RAI CHANDI NATH SAHAY & ANR. ..... RESPONDENT
WITH
CIVIL APPEAL NO. OF 2010
ARISING OUT OF SLP(c) No. 36252 of 2009
O R D E R
1. Leave granted in SLP(C) 36252 of 2009.
2. We have heard the learned counsel for the parties at
length.
3. In the light of the fact that the appellants herein
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had been granted Probate of the Will dated 3 January,
1983 and the rival Will set up by the respondents has been
ignored, we find no balance of convenience in favour of
the respondent. Certain legal issues have been raised with
regard to the right of the appellants to alienate the
property in contravention of the specific bar imposed by
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the Will but we find that this matter will have to await a
decision in the suit which is pending before the trial
court. However, keeping in view the facts of the case and
to balance the equities on both sides it is appropriate
that as the appellants have not been able to act upon the
Will for almost 27 years, we direct that the appellants be
permitted to complete the building in question.
4. Mr. Shyam Diwan, the learned senior counsel for the
appellant, further informs us that 32 flats in all have
been carved out in the building for sale and whereas 19
have been agreed to be sold, the balance 13 flats will be
completed but will not be sold or any agreement to sell
executed in respect of these till further orders. Mr.
Diwan further states that in case sale deeds are executed
with respect to those 19 flats a clause in the sale deed
would be incorporated highlighting that the matter was
subjudice and the parties would be bound by the outcome of
the proceedings in the civil suit.
5. In the light of the fact that the matter has been
pending since long in one forum or the other, we direct
the trial court to take a decision in the suit within a
period of six months from today and in case it finds that
either one or the other party is procrastinating in the
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disposal of the suit the trial court will ensure a speedy
trial, by resorting to the legal provisions available in
the Code of Civil Procedure.
CA NO. 3654 of 2010 @ SLP(C) No. 36252 of 2009
6. The order of the High Court shall be substituted by
our order in C.A. No.1920 of 2009. The matter is disposed
of accordingly.
..................J
[HARJIT SINGH BEDI]
..................J
[J.M. PANCHAL]
NEW DELHI
APRIL 08, 2010.
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