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30 year old property dispute stuck in HC

  • Even after 75 judges heard the matter the Delhi High Court named it “very unfortunate” that an appeal regarding a property dispute was left pending for over 30 years and even then no solution that was satisfactory was found. It was observed by Jusice V.K. Shali that the prices of land in Delhi have risen beyond what one can think and the effort of one party is to bring the others to its knees whenever there is a dispute regarding property by exhausting their calm and resources.

     “It is really very unfortunate that this appeal has remained pending on the board of this court for almost 30 years and has to pass through hands of as many as 75 Judges or so but still the solution to the problem of dividing the property (which happens to be the piece of land measuring approximately 7794.63 square yards along with superstructure) could not be found out to the satisfaction of all parties,” stated the court.  “In city of Delhi, the prices of land have risen beyond imagination. As a matter of fact, the prices have become prohibitive to own house, plot or flat,” added the court.

    It was further noted by the court that, “As a necessary consequence of this, wherever there is a dispute between the co-sharers of a property, effort of one party is to bring the other party to its knees by tiring out its resources and patience so that it becomes almost a distress sale by such a party to the other co-sharer.”

    An appeal filed by a man came to an observation by the court, the man has passed away, it was against the judgment and decree that was passed by the trail court on July 1985 in a suit for partition of a plot measuring 7794.63 square yards in Mayapuri here.

    The trial court passed a preliminary decree on the basis of the submissions of the parties and the judgment was passed on the suit later on. The High Court was moved by the man who challenged the judgment and decree which was passed in July 1985 by the trial court according to which specified portions which were embarked as super structures were to be shared amongst the parties. The land was stated to be common.

    After hearing the submissions the High Court, said that they were left with no alternative and thus had to appoint a local commissioner for inviting bids for sale of the suit property.

    The court fixed the matter for  directions ahead on 29th September  stated it, “Having regard to the aforesaid facts, I feel that a senior advocate deserves to be appointed as court commissioner for the purpose of conducting an open, transparent and a fair sale of the suit property by inviting bids.”


    OUR TAKE:

    30 years is too much for a property case. Justice delayed is justice denied. But many in the HC would finally be happy that the case has at least come to the notice of the media and the public. Speedy decision making is very imperative  for courts in today’s age. Yet the situation does not reflect the need of the moment. Speedy decisions are a very rare occurrence rather than being a certainty. This needs to change.
     
     
     
     


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