Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1029

ANIRUDDHA BOSE, S. V. N. BHATTI
Vikrant Kapila – Appellant
Versus
Pankaja Panda – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Rishi Sehgal, AOR
For the Respondent(s): Mr. Shyam Divan, Sr. Adv. Mr. Ritin Rai, Sr. Adv. Ms. Niharika Ahluwalia, AOR Mr. Jai Sahai Endlaw, Adv. Ms. Megha Mishra, Adv. Mr. Ashish Kumar, Adv. Mr. Mudit Gupta , AOR

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

Question 1?

How to determine whether a judgment on admission under Order XII CPC is legally valid when there is disputed existence of a Will and conflicting pleadings?

Question 2?

What is the proper scope and process for partition in a suit where intestate and testamentary succession are contested, and whether a sale of the property with division of proceeds is appropriate?

Question 3?

What are the conditions and admissibility requirements for proving a Will under the Indian Succession Act and Evidence Act in a partition suit?

JUDGMENT :

S.V.N. Bhatti, J.

1. Defendant Nos. 4 and 5 in C.S. (O.S.) No. 701/2021 are the Appellants, and the Civil Appeal is directed against the Judgment and Decree dated 11.10.2022 in RFA (O.S.) No. 15/2022, on the file of the High Court of Delhi.

2. Respondent Nos. 1, 2, and 3, in the Appeal, filed the subject suit for partition, separate possession, and permanent injunction, concerning Property admeasuring about 471 square yards, together with the built-up area of a house described as D – 897, New Friends Colony, New Delhi-110025,¹[Suit Property.].

3. For convenience, the parties are adverted to as arrayed in the Original Suit.

AVERMENTS IN THE PLAINT

4. It is averred that Sheila Kapila was the sole and absolute owner of the Suit Property. On 08.04.2003, Sheila Kapila died, and her husband, the late Sh. P.K. Kapila pre-deceased her on 15.02.1994. Sheila Kapila was practising the Hindu religion and died intestate. The parties claim to be governed by Hindu Law. To appreciate the inter se relationship between the parties and the claims/counterclaims for partition of the Suit Prope

Click Here to Read the rest of this document