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december 2009

Supreme Court of India · 2009-12-17

DWARKA PRASAD vs RAMESHWAR DAYAL KHANDELWAL .

Citation / case number
SC 2007/36070
Court
Supreme Court of India
Petitioner
DWARKA PRASAD
Respondent
RAMESHWAR DAYAL KHANDELWAL .
Author
M. PANCHAL

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 suit filed by the respondent to declare the Sale Deed dated July 12, 2004, as invalid was validly maintainable, given the allegations of forgery regarding the Will claimed by the appellant. The Court emphasized that the matter of ownership and validity of the Sale Deed should be adjudicated in the ongoing civil suit, thereby affirming the lower court's ruling.

DWARKA PRASAD vs RAMESHWAR DAYAL KHANDELWAL . · Niyam