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2025 Supreme(Online)(UK) 3167
HIGH COURT OF UTTARAKHAND
KUMUD VAIDYA – Appellant
Versus
KAMAL PRASAD – Respondent
FA 165 / 2025
SL. N o.
D a t e
Office N ot e s, r e por t s, or de r s or pr oce e dings or dir e ct ions a nd Re gist r a r ’s or de r w it h Sign a t u r e s
COURT’S OR JUD GE’S ORD ERS
FA N o. 1 6 5 of 2 0 2 5 H on'ble Ra k esh Th a pliyal, J. Dr. Vinay Preet Singh, learned 1. counsel for t he appellant t hrough V.C. 2. Mr. M.S. Bisht , learned counsel for t he respondent s. 3. Dr. Vinay Preet Singh, learned counsel for t he appellant placed before t his Court synopsis wit h regard t o t he several pending disput es ( civil and crim inal) bet ween t he part ies, who are real brot her and sist er. The disput es in bet ween bot h of t hem relat es t o propert ies arising out of t he wills execut ed by t he m ot her and Aunt of bot h t he part ies. Bot h t he part ies are of older age and t aking int o considerat ion t he num ber of lit igat ions in bet ween bot h of t hem , i.e., civil and crim inal t his Court was of t he view t hat effort s m ay be m ade for t heir am icable set t lem ent . 4. I n com pliance of previous order, bot h t he part ies t he appellant - Kum ud Vaidya ( sist er) and respondent - Kam al Prasad ( brot her) j oined t he proceedings virt ually, t oday. The disput e in bet ween bot h of t hem arising out of t wo wills dat ed 11.04.2010 execut ed by t heir m ot her and t he will dat ed 25.08.2015 execut ed by t heir Aunt . I n reference t o t he will execut ed by t heir Aunt , t he m at t er was already dealt wit h by t he Bom bay High Court affirm ed by t he Hon’ble Suprem e Court and at t ains finalit y. I n respect of anot her will execut ed by t heir m ot her at present various civil/ crim inal proceedings
are going on. The disput e, in fact , relat es t o som e ancest ral propert y owned by t he m ot her of t he appellant and t he and Aunt respondent . As apprise t o t his Court , by t he learned counsel for t he part ies, in t ot al t here are approxim at ely22 civil and crim inal proceedings pending in different court s and forum . 5. On t he previous dat e, learned counsel for t he part ies also subm it t ed t hat t he effort s m ay be m ade for t heir am icable set t lem ent and in such view of t he m at t er bot h t he part ies were direct ed t o subm it t heir proposals. Aft er gone t hrough wit h t he proposals it appears t o t his Court t hat inst ead of proceeding wit h t he proposals bot h t he part ies m ay sit t oget her for resolving t heir disput es. 6. This Court also int eract wit h bot h of t hem , who j oined t he proceeding t hrough V.C. and bot h of t hem agreed t hat effort s m ay be m ade for t heir am icable set t lem ent for which bot h of t hem are ready t o sit t oget her at a place in New Delhi. 7. Mr. Kam al Prasad ( Brot her) subm it s t hat he is financially week, t herefore, all t he arrangem ent s for his t ravelling, fooding and lodging be borne by t he appellant his real sist er for which t he appellant is agreed. 8. Since, bot h t he part ies are aged persons, t herefore, for t he purpose of resolving t heir disput es, t his Court is of t he view t hat bot h of t hem m ay also get assist ance of any lawyer of t heir own choice. 9. Apart from t his, learned counsel for bot h t he part ies subm it s t hat since bot h t he part ies are now proceeding for t heir am icable set t lem ent , t herefore, bot h of t hem be direct ed not t o pursue any
1 pending civil and crim inal m at t er pending in different court s and forum s. 10. Since, n
