RAMESH DUTT SALWAN Vs. SHIV DUTT SALWAN

JUDGEMENT

(1.) This is a regular first appeal filed by the appellant Ramesh Dutt Salwan (since deceased) against the judgment and decree dated 15.07.1985 passed in a suit for partition.

(2.) It is really very unfortunate that this appeal has remained pending on the Board of this Court for almost 30 years and has to pass through hands of as many as 75 Hon'ble Judges or so but still the solution to the problem of dividing the property (which happens to be the piece of land measuring approximately 7794.63 square yards along with superstructure) could not be found out to the satisfaction of all the parties. In city of Delhi, the prices of land have risen beyond the imagination. As a matter of fact, the prices have become prohibitive to own the house, plot or flat. As a necessary consequence of this, wherever there is a dispute between the co -sharers of a property, effort of one party is to bring the other party to its knees by tiring out its resources and patience so that it becomes almost a distress sale by such a party to the other co - sharer.

(3.) During the course of hearing the submission which has been advanced on behalf of respondent No.1 as well as respondent No.2 are of such a nature that in case those submissions are accepted then instead of leading to the final disposal of the appeal and bring about a closure to the matter, it would result in keeping the matter alive at least for another five to ten years which, in my view, would not only be unfair to the parties, who have been stuck up in courts for three decades but also the fact that such an order only adds to the pendency of the case when it is already reeling under the burden of back log of cases.