Sushma Berlia vs M/S Kumar Brothers on 27 March, 2025

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Sushma Berlia vs M/S Kumar Brothers on 27 March, 2025

Bench: Rajesh Bindal

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                                        IN THE SUPREME COURT OF INDIA
                                        CIVIL APPELLATE JURISDICTION


                                         CIVIL APPEAL NOS.411-414/2025


                         SUSHMA BERLIA                                         Appellant(s)

                                                        VERSUS

                         M/S KUMAR BROTHERS & ORS.                              Respondent(s)



                                                   O R D E R

The issue in the present appeals lie on a very narrow compass.

There were three proceedings inter-se the parties, one initiated by the appellant which was disposed of by the High Court, in our considered view rightly so, with a direction to revive it, depending on the decision to be made in the probate proceedings.

The two other proceedings are, one being the probate proceedings and the other being the suit for Letter of Administration. The latter will have to await the outcome of the earlier. In other words, the suit for Letter of Administration filed by the Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2025.04.19 respondent(s) before us will have to await the 16:33:32 IST Reason: outcome of the probate proceedings, which is still admittedly pending.

In such view of the matter, we dispose of the present appeals by staying the suit for Letter of Administration initiated at the instance of the respondent, until the decision is rendered in the pending probate proceedings.

Liberty is granted to the parties including the respondent(s) to approach the concerned Court in which the suit for Letter of Administration is pending, depending upon the outcome of the probate proceedings.

In such view of the matter, all the contentions are left open, meaning thereby, the decision of the High Court in the impugned judgment along with its reasoning will not stand in the way of the parties. Liberty is also granted to the appellant to revive the present appeals.

Pending application(s), if any, shall also stand disposed of.

……………………………….J. [M.M. SUNDRESH] ……………………………….J. [RAJESH BINDAL] NEW DELHI;

MARCH 27, 2025.

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ITEM NO.115                 COURT NO.8                 SECTION XVI

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

Civil Appeal    No(s).   411-414/2025

SUSHMA BERLIA                                          Appellant(s)

                                   VERSUS

M/S KUMAR BROTHERS & ORS.                              Respondent(s)

Date : 27-03-2025 These appeals were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL For Appellant(s) Mr. H.L. Tiku, Sr. Adv.

Mr. Ashok K. Mahajan, AOR Ms. Yashmeet, Adv.

For Respondent(s) Ms. Haripriya Padmanabhan, Sr. Adv.

Mr. Arjun Garg, AOR Ms. Sagun Srivastava, Adv. Mr. Saaransh Shukla, Adv.

Mr. Kunal Vajani, Adv.

Mr. Sumit Goel, Adv.

Mr. Biswajit Kumar, Adv. Mr. Ishan Nagar, Adv.

Ms. Apurba Pattanayak, Adv. Ms. Aditi, Adv.

M/S. Parekh & Co., AOR Mr. Kunal Verma, AOR UPON hearing the counsel the Court made the following O R D E R The appeals are disposed of in terms of the signed order.

Pending application(s), if any, shall also stand disposed of.

(ASHA SUNDRIYAL) (POONAM VAID) DEPUTY REGISTRAR ASSISTANT REGISTRAR [Signed order is placed on the file]

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