The Delhi high court has said that it was very unfortunate that an appeal regarding a property dispute was pending before it for over 30 years and no satisfactory solution had been found as yet despit
The Delhi high court has said that it was very unfortunate that an appeal regarding a property dispute was pending before it for over 30 years and no satisfactory solution had been found as yet despite the fact that 75 judges have heard the matter.
The high court also made an observation that prices of land had increased beyond imagination and whenever there was a property dispute, the effort of one party was to bring the other to its knees by tiring out its resources and patience.
“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,” the court noted.
It also said 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.
The court’s observation came on an appeal filed by a man, who has passed away, against the judgment and decree passed by the trial court on July 1985 in a suit for partition of a plot measuring 7794.63 square yards in Mayapuri.
On the basis of submissions of the parties, a preliminary decree was passed by the trial court and later on a judgment was passed on the suit.
The man had moved the high court challenging the judgment and decree passed in July 1985 by the trial court by virtue of which certain specified portions which were earmarked as superstructures was to be shared amongst the parties while the land was stated to be common.
The high court, after hearing the submissions, said that it was left with no other alternative but to appoint a local commissioner for inviting bids for sale of the suit property.
