Settle property issue, save our time: HC to Sobo siblings

MUMBAI:THE Bombay high court (HC) on Friday directed a woman and her brother contesting a testamentary suit (related to will) for a 1,600-square feet premises in Jolly Maker Chambers II, Nariman Point, to amicably settle the question of rights to the property as it was a simple matter of reaching an agreement and not something that should take up the time of a court burdened with three times the cases they are supposed to hear.

The court asked the advocates of the siblings to sit in the courtroom and jot down consent terms and submit it to the court by 5pm.

The bench also warned the siblings to refrain from pursuing the case as they were taking services of a ‘recession-proof’ profession that would put a drain on their resources.

The bench of justice Gautam Patel said he was surprised as the siblings were squabbling over the issue of the premises, of which they were the only heirs. “The court will provide you both with free stationery and a table and bench so that you can agree

on consent terms and finish the matter, “said justice Patel.

He further pointed to the growing number of cases and lack of judges and said that settling the matter would be in the best interest of all. “More judges

are retiring than those being appointed. Currently, each judge is doing the work of three to four judges. At the current rate, a time will come when each judge will be expected to do the work of ten judges, hence rather than pressing the case you should settle it,” said Patel.

Touching on the cost of the litigation, Patel pointed out that it would only go up and would consume both time and money off the siblings.

He then said the sister who occupied the premises was not in a position to give the brothers half share, so the premise should be sold and both could buy substantial premises though in a less affluent locality.

He allowed the siblings to reach an amicable settlement and come back on Wednesday, October 17.