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CS(OS) 836/2013
MONIKA ..... Plaintiff
Through : Mr. I.S. Chauhan, Advocate with plaintiff in person.
Through : Mr. Rahul Pandey, Advocate for D-1& 2 with defendants No.1 & 2 in person.
Mr. Vijay Khanna, Advocate for D-3.
JUDGMENT
1. On 12.8.2015, a preliminary decree was passed in respect of the immovable property bearing No.R-1/17, R-Block, Mohan Garden, New Delhi, comprised in Khasra No.42/42/2 sitauted in village Hastal, New Delhi, owned by the father of the parties.
2. Under the preliminary decree, the share of the parties was determined and the plaintiff, defendants No.1, 2 & 3 were held entitled to 1/4th undivided share each in the suit premises. Thereafter, counsels for the parties had stated that in view of the nature of the construction existing at the suit premises, the same cannot be partitioned by metes and bounds and they had requested that they may be permitted to consult with each other and inform the Court, if 2015:DHC:8228 they would be ready and willing to buy out each other’s share.
3. Today, counsels for the plaintiff and the defendants No.1 to 3 state, on instructions, that neither party is in a financial position to buy out each other’s shares. The collective offers stated to have been made by the plaintiff and the defendants No.1 & 2 to buy out the defendant No.3’s share has fallen through for the reason that the defendant No.3 is unwilling to accept the amount offered by them.
4. Counsels for the parties jointly state that instead of appointing a Local Commissioner to dispose of the premises in the open market and apportioning the sale proceeds between the parties thereafter, the preliminary decree dated 12.8.2015 may be converted into a final decree and the parties be left to apportion their respective shares from out of the sale proceeds of the suit premises, on finding a suitable buyer.
5. Accordingly, the preliminary decree dated 12.8.2015 is converted into a final decree. Decree sheet be drawn accordingly. The parties shall be entitled to dispose of the suit premises in the open market by jointly taking steps to identify a prospective purchaser. Thereafter, the sale proceeds shall be apportioned between the parties as per their respective shares. If the parties are unable to take joint steps on the lines noted above within six months, then they shall be entitled to approach the Court and seek execution of the judgment and decree in accordance with law.
6. The suit is disposed of while leaving the parties to bear their own costs. HIMA KOHLI, J SEPTEMBER 30, 2015 sk/ap