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Supreme Court of India 2018-10-25 disposed

Vasudevan Embranthiri @ Vasudeva Rao (Dead) by Lrs vs Gopalakrishnan (Dead) by Lrs. & Ors

Bench: 2 — Kurian

In Brief

This case involved a three-decade-long dispute that began in 1984 with an application for letters of administration, later converted into a suit. The trial court dismissed the suit, but the High Court reversed the dismissal. The Supreme Court, rather than adjudicate the merits, exercised its discretionary power under Article 142 of the Constitution to terminate the lengthy litigation. The Court ordered the properties in dispute to be divided according to a sketch and statement prepared by an independent surveyor (Mr. C. K. Venu), superseding the two competing wills and providing finality through a decree that would serve as the definitive source of title to the properties.

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Succession Law Property Division Article 142 Jurisdiction Wills and Succession Equitable Relief Civil Procedure

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