FA/793/2012 1/2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 793 of 2012 ======================================================= SHANTABEN SUKHABHAI PATEL & 2 Appellant(s) Versus NAGINBHAI SUKHABHAI PATEL Defendant(s) ======================================================= Appearance :
MR MP SHAH for Appellant(s) : 1 - 3. MS KRUTI M SHAH for Appellant(s) : 1 3. MR AJ SHASTRI for Defendant(s) : 1, ======================================================= CORAM : HONOURABLE MR.JUSTICE RAJESH H.SHUKLA Date : 17/04/2012 ORAL ORDER Heard learned counsel Ms.Kruti Shah for the applicants and learned counsel, Mr.A.J. Shastri for the respondent.
In view of the contentions with regard to the provisions of the Hindu Succession Act, particularly, whether Deviben had right to execute the will and also whether the will could be valid qua part of the property in question and invalid for some property as observed in Para No.16, the matter requires detailed hearing. The first issue is required to be considered whether Deviben had right to execute the will for all property or only to the extent of her share.
It is in this background, the matter requires detailed hearing.
Therefore, Appeal is admitted.
However, it is desirable and in the interest of justice, if the matter is referred to Mediation Centre as it would be kept pending for years for final hearing. Therefore, at the joint request made by both advocates, the matter is ordered to be referred to the Mediation Centre to explore the possibility of settlement. The registry is directed to take necessary steps for referring and placing the matter to the Mediation Centre.
(RAJESH H.SHUKLA, J.) /patil HC-NIC Page 2 of 2 Created On Tue Aug 23 04:33:24 IST 2016