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by Admin
07 May 2024 2:49 AM
In a significant ruling delivered on November 6, 2023, the Supreme Court has modified the judgment of the High Court which had earlier directed the demolition of certain constructions on a disputed property. The apex court’s bench, comprising justices VIKRAM NATH and RAJESH BINDAL, intervened in the civil appeal filed against the High Court’s decision that modified the original decree by the Trial Court.
The Supreme Court observed that, “demolition of the already constructed buildings may not be in the interest of any of the parties,” indicating a move towards a more considered approach in dealing with the partition and use of the property involved. This comes after a preliminary decree was passed by the Trial Court in a suit filed for the declaration, partition, and separate possession of family property, which went unchallenged by the family members concerned, but faced contention from an appellant claiming rights through a co-sharer.
The bench underscored the importance of the final decree for partition by metes and bounds, stating, “We have no doubt that in the process of passing final decree for partition of the property by metes and bounds, the court below will consider all aspects in terms of settled principles of law for that purpose.”
The Supreme Court has directed the Trial Court to expedite the process for passing the final decree, emphasizing the age of the case and the need for a resolution. The justices have also made it clear that they have “not expressed any opinion on the merits of the controversy,” leaving the determination of the legality of the constructions and the final partition to the lower court.
This ruling is poised to set a precedent in how property disputes involving significant construction and investment are approached, particularly when the rights of non-family members who claim through co-sharers come into contention.
Date of Decision: November 06, 2023
M/s MULTICON BUILDERS VS SUMANDEVI AND OTHERS
