Pampati Sathamma Vs Pampat Gangaram

SUPREME COURT OF INDIA 11 Feb 2016 Civil Appeal Nos. 3549 and 3548 of 2008 (2016) 02 SC CK 0077
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Civil Appeal Nos. 3549 and 3548 of 2008

Hon'ble Bench

Anil R. Dave and A.K. Goel, JJ.

Advocates

Yash Raj Deora and Shreya Agrawal, Advocates for Mitter and Mitter, for the Appellant; A. Subbat Rao, K.L.D.S. Vinober and Yash Pal Dhingra, Advocates, for the Respondent

Final Decision

Partly Allowed

Judgement Text

Translate:

Anil R. Dave, J.@mdash1. Applications for substitution are allowed.

2. Heard the learned Counsel for the parties at length.

3. We have considered the contents of the impugned judgment as well as the inter-se relationship among the parties and in the interest of justice, we think it just and proper if the Respondent gives 1/3rd of the properties in question to all the Appellants i.e. the sister of the Respondent and legal heirs of the deceased sister. 1/3rd of the properties or value thereof shall be given by the Respondent to the Appellants within six months from today.

4. According to the Respondent, at present value of the property is approximately Rs. 60 lakhs. However, if the Appellants do not agree to the said valuation, it would be open to them to raise the said contention in the appropriate proceeding before the Trial Court. The Trial Court would determine value of the property and pass appropriate order in the execution proceedings.

5. The impugned judgment of the High Court is set aside and the appeals are allowed to the above extent with no order as to costs.

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