Bombay High Court Directed to Expedite Probate Appeal in Raheja Family Dispute

The case of Asha Shrichand Raheja & Anr. v. Purushotam Vishandas Raheja is a significant legal battle concerning the grant of probate in a family estate dispute. The Supreme Court ruled that the pending appeal before the Bombay High Court should be decided expeditiously, ensuring that the matter is resolved without unnecessary delays.

Background of the Case

The appellants, Asha Shrichand Raheja and another, approached the Supreme Court against an order dated December 13, 2011, issued by the Bombay High Court. The order pertained to Appeal No. 598 of 2011, in which the High Court had granted an interim stay on further proceedings for the grant of probate.

The dispute arose when the sole caveat (objection) filed against the probate was removed, allowing the probate process to proceed. The High Court, however, stayed the proceedings, leading the appellants to challenge the delay before the Supreme Court.

Key Arguments by the Petitioners (Appellants)

• The appellants contended that the delay in probate proceedings was unjustified and caused undue hardship.
• They argued that the removal of the sole caveat was legally valid and should not have been interfered with.
• They requested the Supreme Court to ensure the timely disposal of the appeal pending before the Bombay High Court.

Key Arguments by the Respondents

• The respondents maintained that the stay on probate proceedings was necessary to ensure a fair decision on the pending appeal.
• They argued that the High Court’s decision to admit the appeal justified halting the probate process.
• They urged the Supreme Court to let the Bombay High Court decide the matter on its merits.

Supreme Court Judgment

A bench comprising Justices Kurian Joseph and Shiva Kirti Singh ruled as follows:

• The appeal before the Bombay High Court had already been admitted.
• It would be in the interest of all concerned to have the case disposed of at the earliest.
• The Supreme Court requested the Bombay High Court to decide Appeal No. 598 of 2011 as soon as possible, preferably within six months.
• No opinion was expressed on the merits of the case.
• The appeal before the Supreme Court was disposed of with no order as to costs.

Conclusion

This ruling highlights the importance of expeditious adjudication in probate matters, particularly when delays may affect inheritance rights. The Supreme Court’s directive to the Bombay High Court ensures that the legal process moves forward without unnecessary hindrances.

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Download Judgment: Asha Shrichand Rahej vs Purushotam Vishandas Supreme Court of India Judgment Dated 27-01-2016.pdf