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2007 Supreme(SC) 614

S.B.SINHA, MARKANDEY KATJU
BHAGWAN KRISHAN GUPTA – Appellant
Versus
PRABHA GUPTA – Respondent


JUDGMENT

1. Leave granted.

2. The Division Bench of the High Court, in our opinion, has not dealt a with the matter fully and in particular the construction of the will executed by Shri Murari Lal Gupta which, in our opinion, deserved serious consideration.

3. We, therefore, set aside the impugned judgment and remit the matter back to the High Court. We would request the Division Bench of the High Court to consider the desirability of disposing of the appeal, keeping in view the nature of the disputes between the parties, as expeditiously as possible b and preferably within a period of three months from the date of communication of this order.

4. The appeal is allowed.

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