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december 2009

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.

Dwarka Prasad vs Rameshwar Dayal Khandelwal & Ors · Niyam