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(2009) 11 Supreme Court Cases 41
S.B. SINHA AND MARKANDEY KATJU,
BHAGWAN KRISHAN GUPTA (I) - Appellant
Versus
PRABHA GUPTA AND OTHERS - Respondents.
Civil Appeal No. 2220 of 2007
Decided on April 27, 2007
Construction of Will - Leave Granted - The court set aside the impugned judgment and remitted the matter back to the High Court for further consideration, emphasizing the importance of fully dealing with the construction of the will executed by Shri Murari Lal Gupta.
Fact of the Case:
The Division Bench of the High Court did not fully deal with the matter, particularly the construction of the will executed by Shri Murari Lal Gupta.
Finding of the Court:
The court set aside the impugned judgment and remitted the matter back to the High Court for further consideration, emphasizing the importance of fully dealing with the construction of the will executed by Shri Murari Lal Gupta.
Issues: The construction of the will executed by Shri Murari Lal Gupta was not fully considered by the Division Bench of the High Court.
Ratio Decidendi: The court emphasized the importance of fully dealing with the construction of the will executed by Shri Murari Lal Gupta and remitted the matter back to the High Court for further consideration.
Final Decision: The appeal was allowed.
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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