Asha Shrichand Raheja v. Purushotam Vishandas Raheja

Supreme Court of India · 27 Jan 2016
Kurian Joseph; Shiva Kirti Singh
CIVIL APPEAL NO. 564 OF 2016
civil appeal_dismissed Procedural

AI Summary

The Supreme Court directed the Bombay High Court to expeditiously dispose of the probate appeal without expressing any opinion on the merits, disposing of the civil appeal with no order as to costs.

Full Text
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Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 564 OF 2016
[@ SPECIAL LEAVE PETITION (C) 6420 OF 2012]
ASHA SHRICHAND RAHEJA & ANR. Appellant (s)
VERSUS
PURUSHOTAM VISHANDAS RAHEJA Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellants approached this Court, aggrieved by the order dated 13.12.2011 passed by the High Court of Judicature of Bombay at Mumbai in Appeal NO. 598 of 2011, whereby the High Court granted an interim prayer in terms of Prayer (a), which reads as follows:- "2. As the Appeal is admitted against the order by which sole caveat is removed, further proceedings for grant of probate will have to be stayed. Hence, Notice of Motion is granted in terms of prayer (a).

3. Notice of Motion stands disposed of accordingly. No costs"

3. Since the appeal has already been admitted, we are of the view that it will be in the interest of parties concerned to have the appeal disposed of at Page 2 the earliest.

4. Therefore, we request the High Court to dispose of Appeal No. 598 of 2011 expeditiously and preferably within six months from today.

5. In view of the above, the Civil Appeal is disposed of with no order as to costs.

6. We make it clear that we have not expressed any opinion on the merits of the case ........................ J. [ KURIAN JOSEPH ] ....................... J. [ SHIVA KIRTI SINGH] New Delhi; January 27, 2016.