May,15,2016:
Litigating Party tries to bring the opponent on its knees by tiring out its financial resources and patience during trial, said the Justice.
The High Court of Delhi has remarked,"It is quite unfortunate that a property dispute appeal was pending for over 30 years and no satisfactory solution of it could be found despite the fact that 75 judges have heard the matter.''
Justice V K Shali of Delhi High Court observed that in Delhi, Land prices have risen beyond anybody's imagination and whenever there is a property dispute litigation, one of the Litigating Party tries to bring the opponent on its knees by tiring out its financial resources and patience during trial.
The Bench said, "It is really very unfortunate that this appeal has remained pending on the board of this court and continues to remain undecided for almost 30 years. It has passed through hands of as many as 75 Judges or so but still the solution to the legal problem of dividing the property by metes and bound (it is a built up property on a piece of land measuring 7794.63 sq. yards) could not be found out to the satisfaction of all parties."
"In the national capital city of Delhi, the Land prices have risen beyond anyone's imagination. Now the prices have become too prohibitive to own a house, plot or flat," it said.
The Judge further noted, "As a result of this, wherever there is a dispute between the co-owners/co-sharers of the property, effort of one of the party is to bring the other party to its knees by tiring out all its financial resources and patience so that it becomes almost a distress sale by such a party to the other co-sharer of the Property."
These observations came on an appeal filed by a man, who has now passed away. The Appeal is against the judgement and decree passed by the trial court in July 1985 in a suit for partition of a land ad measuring around 7794.63 square yards in Mayapuri in West Delhi.
Upon hearing both the litigating parties and their Lawyers, high court said that it was now left with no other alternative but to appoint a local commissioner for inviting bids for sale of the property sought to be Partitioned.
"Having regard to the peculiar facts in the matter, it is felt that a senior advocate should to be appointed as Local commissioner for the purpose Auction sale of the suit property by inviting open bids," the court observed and fixed the matter for further directions on September 29.
Related News @ LatestLaws.in-
8.5.2016- CJI Thakur unhappy: HC working at Half Strength, Nation need 50,000 more Judges, Govt. sleeping
2.5.2016- Price of pendency of Court Cases: It is Brand India which is suffering, Companies bleeding Funds
24.4.2016- CJI Thakur: With 3 Crore pending cases & unfilled posts, Retd Judges to be employed back
4.4.2016- Despite SC direction to give Judgments in 3 months of hearing, HC Judge sat over it for 7 Yrs
Picture Source :
