Supreme Court - Daily Orders
Charan Singh vs Mohinder Kaur . on 28 August, 2014
Bench: Ranjan Gogoi, R.K. Agrawal
1
ITEM NO.107 COURT NO.11 SECTION IV
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. 4090/2010
CHARAN SINGH & ORS. Appellant(s)
VERSUS
MOHINDER KAUR & ORS. Respondent(s)
(WITH OFFICE REPORT)
Date : 28/08/2014 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE R.K. AGRAWAL
For Appellant(s) Mr. V.K. Jhanji, Sr. Adv.
Ms. Jyoti Mendiratta, Adv.
Mr. Devanshu Kumar, Adv.
For Respondent(s) Ms. Neelam Kalsi, Adv.
Mr. Vimal Chandra S. Dave, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The appeal is disposed of in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI] COURT MASTER COURT MASTER [SIGNED ORDER IS PLACED ON THE FILE] Signature Not Verified Digitally signed by Vinod Lakhina Date: 2014.08.29 16:41:54 IST Reason: 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4090 OF 2010 CHARAN SINGH & ORS. ...APPELLANTS VERSUS MOHINDER KAUR & ORS. ...RESPONDENTS ORDER After hearing the learned counsels for the parties at some length, we maintain the decree passed in favour of the plaintiff by all the courts below. However, at the same time, we modify the order of the High Court insofar as the findings with regard the Bajpur property is concerned, namely, that the same was never a part of coparcenary property and had been purchased by the plaintiff himself. We have considered it appropriate to carry out the aforesaid modification of the order of the High Court in view of the fact that the Bajpur 2 property was not the subject matter of the suit out of which the Second Appeal had arisen before the High Court.
With the aforesaid modification of the order, the appeal is disposed of.
Needless to say it is open for the appellants – defendants to raise all such claims with regard to the Bajpur property as may be open to them in law.
....................,J.
(RANJAN GOGOI) ....................,J.
(R.K. AGRAWAL) NEW DELHI AUGUST 28, 2014