Supreme Court of India · 2009-12-17
Dwarka Prasad vs Rameshwar Dayal Khandelwal & Ors
- Citation / case number
- AIR 2010 SC (SUPP) 100
- Court
- Supreme Court of India
- Petitioner
- Dwarka Prasad
- Respondent
- Rameshwar Dayal Khandelwal & Ors
- Author
- J.M. Panchal
- Bench
- J.M. Panchal, B. Sudershan Reddy
Judgment text excerpt
The Supreme Court upheld the High Court's decision confirming the rejection of the appellant's application under Section 10 of the Code of Civil Procedure to stay the suit. The Court found that the respondent's claim regarding the ancestral nature of the property and the alleged forgery of a Will was substantiated, thus affirming the validity of the ongoing civil suit. The Court emphasized that the matter of ownership and validity of the Sale Deed must be resolved in the pending suit, maintaining the status quo of the property until a final decision is reached.