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NON-REPORTABLE  IN THE SUPREME COURT  OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3549 OF 2008

PAMPATI SATHAMMA (D)TH. LRS.  - APPELLANT(S) VERSUS

PAMPAT GANGARAM - RESPONDENT   WITH

CIVIL APPEAL NO. 3548 OF 2008

J U D G M E N T ANIL R. DAVE,J.

1.   Applications for substitution are allowed. 2.   Heard the learned Counsel for the parties at length. 3.   We have considered the contents of the impugned Judgment  as well as the inter-se relationship among the parties and in  the interest of justice, we think it just and proper if the  respondent gives 1/3rd of the properties in question to all  the appellants i.e. the sister of the respondent and legal  heirs of the deceased sister. 1/3rd of the properties or value  thereof shall be given by the respondent to the appellants  within six months from today.

4. According to the respondent, at present value of the  property  is   approximately  Rs  60  lakhs.   However,  if  the  appellants do not agree to the said valuation, it would be open  to  them  to  raise  the  said  contention  in  the appropriate

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- 2 - proceeding  before  the  Trial  Court.  The  Trial  Court  would  determine value of the property and pass appropriate order in  the execution proceedings. 5.   The impugned judgment of the High Court is set aside and the  appeals are allowed to the above extent with no order as to  costs.

.....................J. [ANIL R. DAVE]

.....................J. [ADARSH KUMAR GOEL]

NEW DELHI; FEBRUARY 11, 2016