VIKRANT KAPILA Vs. PANKAJA PANDA

JUDGEMENT

(1.) A Will will be a Will only when it will lay to rest the wishes of who is at rest. We will endeavor to proceed so that the Will of who lays at rest is put to rest.

(2.) By virtue of the present appeal, appellants challenge the judgment and preliminary decree dtd. 10/5/2022[hereinafter referred as "Impugned Judgment"] whereby the Learned Single Judge, based upon the Will of late Mrs. Sheila Kapila[hereinafter referred as "Testator"] after demarcating the 25% equal share of all her four children in the property bearing No. D897, New friends Colony, New Delhi, admeasuring 471 Sq. Yards,[hereinafter referred as "Property"] has put the same to sale and distributed the proceeds thereof equally amongst them.

(3.) The sole issue for consideration before us hinges upon the interpretation of one sanguine document-Will dtd. 18/11/1999,[hereinafter referred as "Will"] which, being admitted by all parties, is not under challenge. Relevant clauses for purposes of adjudication of disputes inter-se parties, being clauses (i), (ii) and (iii) of the said Will, are as under: