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CS(OS) 170/2007
JUDGMENT
Through : Mr.S.C. Singhal, Adv. along with plaintiff.
Through : Mr.Mahesh K. Chaudhary, Adv. for defendants no.1 to 3.
1. Plaintiff has filed the present suit for partition. A preliminary decree has been passed by this Court as far back as on 25.8.2008 holding that plaintiff and defendants no.1 to 3 shall have 1/4th share, each, in the suit property bearing no.A-55, Arihant Nagar, Main Rohtak Road, Punjabi Bagh, New Delhi. On 25.8.2008, a Local Commissioner was also appointed to suggest the modes of partition. It was agreed between the parties that the suit property cannot be divided by metes and bounds. Thereafter the matter has been adjourned from time to time to enable the parties to sell the suit property. Meanwhile, as agreed, an application was made to the DDA for conversion of the suit property from lease hold to free hold. Defendants are stated to have signed all the necessary papers. The plaintiff had also agreed to sign the application for conversion. Following order was passed by this Court on 9.10.2013. 2014:DHC:453
2. Counsel for the defendant submits that despite agreeing in court, the plaintiff has not signed the paper in the office of the DDA.
3. Today, learned counsel for the plaintiff, on instructions from the plaintiff, who is present in Court, submits that without prejudice to his rights and contentions, the plaintiff will complete all the formalities for conversion of the suit property from lease hold to free hold.
4. As agreed, the plaintiff shall appear before the Assistant Director (Cooperative Societies) Delhi Development Authority, Vikas Sadan, New Delhi, on 3.5.2014 and he will produce a certified copy of this order before the Assistant Director, (Cooperative Societies), DDA. It is also agreed that out of Rs.3.00 lakhs, deposited by the defendant with the accrued thereon, if any, shall be released in favour of the defendant, through counsel, without any further notice to the plaintiff. Let a decree sheet be drawn accordingly.
5. Parties submit that they will take all steps to get the property converted, sign the Conveyance Deed, sell the property and share the sale proceeds i.e. 25%, each. Accordingly, as prayed, final decree is passed in above terms. In case, the parties are not able to sell the suit property mutually, they will be entitled to seek execution of the decree.
6. Let a copy of this order be sent to Assistant Director, (Cooperative Societies), DDA, Vikas Sadan, New Delhi, for compliance. G.S.SISTANI, J JANUARY 24, 2014 msr