NAKUL BEDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the appellants (original respondent nos. 5 & 6) against the judgment and order delivered by the learned Single Judge in W.P.(S) No. 1230 of 2012 dated 12th September, 2013, whereby, the writ petition preferred by respondent nos. 5 to 9 (original petitioners) has been allowed and, the dispute about the title over property, in question, was directed to be referred by respondent no.3 to the competent Civil Court for adjudication with regard to apportionment of the compensation amount between the parties. This reference is to be made under Section 3(H)(4) of the National Highways Act, 1956.

(2.) It has also been held by the learned Single Judge that execution of a Will and probate thereafter, is not a conclusive proof of the title upon the property and the Court who has granted probate, has no power, jurisdiction and authority to decide the title upon the property, in question, on the basis of decisions, rendered by the Hon'ble Supreme Court.

(3.) Factual Matrix.