Supreme Court - Daily Orders
Shobha Dhawan vs Ramesh Chandra Kapoor on 5 October, 2021
Bench: Uday Umesh Lalit, Hemant Gupta, S. Ravindra Bhat
1
IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
REVIEW PETITION (C) No.1039 of 2021
IN
SPECIAL LEAVE PETITION (C) NO.18599 OF 2016
Shobha Dhawan …Petitioner
Versus
Ramesh Chandra Kapoor & Ors. …Respondents
O R D E R
Application for oral hearing is rejected. Special Leave Petition (Civil) No.18599 of 2016 arose out of suit for partition being Civil Suit No.148 of 2009 in which issue No.5 for consideration was pertaining to the validity of Will dated 12.03.2007. The Will was not found to be executed “by free mind or in accordance with law by late Shri Krishan Lal Kapoor”. The first appeal arising therefrom having been dismissed by the High Court, the challenge was raised in this Court.
After hearing learned counsel for the parties, the special leave petition was dismissed by this Court on 20.01.2021.
Signature Not VerifiedThe instant review petition now submits:
(a) While the suit for partition was pending, Probate Case No.197 of Digitally signed by Indu Marwah Date: 2021.10.09 10:28:27 IST Reason: 2010 (renumbered as Probate Case No.15939 of 2016) was filed in which by order dated 13.07.2018 i.e. well after the decision of the 2 High Court but before the dismissal of the special leave petition, letters of administration in respect of the very same Will were directed to be granted by the concerned court.
(b) As per paragraphs 4 and 5 of the review petition, the aforestated development was, however, not brought to the notice of this Court when the special leave petition was dismissed.
The Order dated 13.07.2018 does not however disclose that the developments leading to the dismissal of appeal by the High Court were brought to the notice of the Court nor was the effect of such orders specifically put in issue. Further, said order was passed well before the dismissal of Special Leave Petition by this Court. The review petitioner could have approached the High Court by filing appropriate proceedings.
Considering the totality of circumstances, we see no reason to exercise our review jurisdiction. This Review Petition is, therefore, dismissed leaving the petitioner to take such proceedings as are open to her in law.
………………………J. [Uday Umesh Lalit] ………………………J. [Hemant Gupta] ………………………J. [S. Ravindra Bhat] New Delhi;
October 05, 2021.
3ITEM NO.1002 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
R.P.(C) No. 1039/2021 in SLP(C) No. 18599/2016 SHOBHA DHAWAN Petitioner(s) VERSUS RAMESH CHANDRA KAPOOR & ORS. Respondent(s) (FOR ADMISSION and IA No.24581/2021-ORAL HEARING) Date : 05-10-2021 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT By Circulation UPON perusing papers the Court made the following O R D E R Application for oral hearing is rejected. The Review Petition is dismissed in terms of the signed order.
Pending applications, if any, also stand disposed of.
(INDU MARWAH) (VIRENDER SINGH)
COURT MASTER (SH) BRANCH OFFICER
(SIGNED ORDER IS PLACED ON THE FILE)