ASHA SHRICHAND RAHEJA & ANR. Vs. PURUSHOTAM VISHANDAS RAHEJA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 564 of 2016, Judgment Date: Jan 27, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 564 OF 2016
                 [@ SPECIAL LEAVE PETITION (C) 6420 OF 2012]

ASHA SHRICHAND RAHEJA & ANR.                                   Appellant (s)

                                VERSUS

PURUSHOTAM VISHANDAS RAHEJA                                    Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    The appellants approached this Court, aggrieved  by  the  order  dated
13.12.2011 passed by the High Court of Judicature of  Bombay  at  Mumbai  in
Appeal No. 598 of 2011, whereby the High Court granted an interim prayer  in
terms of Prayer (a), which reads as follows :-
      "2. As the Appeal is admitted against the order by which  sole  caveat
is removed, further proceedings  for  grant  of  probate  will  have  to  be
stayed.  Hence, Notice of Motion is granted in terms of prayer (a).
      3.    Notice of Motion stands disposed of accordingly.  No costs"
3.    Since the appeal has already been admitted, we are of  the  view  that
it will be in the interest of parties concerned to have the appeal  disposed
of at the earliest.
4.    Therefore, we request the High Court to dispose of Appeal No.  598  of
2011 expeditiously and preferably within six months from today.
5.    In view of the above, the Civil Appeal is disposed of  with  no  order
as to costs.
6.    We make it clear that we have not expressed any opinion on the  merits
of the case.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                        [ SHIVA KIRTI SINGH]

      New Delhi;
      January 27, 2016.