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* IN THE HIGH COURT OF DEI.HI AT NEW DELHI
I RP'A(OS) 3/2013, C.M. APPL.461/2013
MR. AJl'l KUMAR JAIN & ORS Appellants
Through ; Sh. Vijay Gupta, Advocate.
* IN THE HIGH COURT OF DEI.HI AT NEW DELHI
I RP'A(OS) 3/2013, C.M. APPL.461/2013
MR. AJl'l KUMAR JAIN & ORS Appellants
Through ; Sh. Vijay Gupta, Advocate.
VERSUS
SHRI MANOJ JAIN & ORS Respondents
Through ; Ms. Tara. V. Ganju, Advocate.
Through ; Ms. Tara. V. Ganju, Advocate.
CORAM:
HON'lJLK MR. .RJSTICE S. RAVINDliA BIIA'J^
HON'liL)': MR. .RJSTICK NAJMI WAZIRI
Q R 1> E R
% 01.10.2013
The appellant is aggrieved by a
HON'liL)': MR. .RJSTICK NAJMI WAZIRI
Q R 1> E R
% 01.10.2013
The appellant is aggrieved by a
JUDGMENT
and order of the learned Single Judge dated 31.07.2012 as well as subsequent order dated 04.10.2012, By the earlier impugned order, learned Single
Judge directed preliminary decrce 'u) be drawn after declaring that cach party to the suit was entitled to 1/?"' share ofthe suit property, i.e. C-9. Ni3SK, i'art-II. New Delhi. I'he appellant's contention is that he is eniitled to l/S"' share and that the two defendant sisters are not entitled to share equal to that of the brothers.
].earned counsel for the plaintiff as well as some ol the contesting c'.eiendants who arc arrayed as respondents in the suil (the appellant being original Defendant No.2 in the suit) submitted today tliat accordiiig to the iiistruclions received, the decree directed to be drawn by the impugned order car. be modified to concede to the appellant's claim and that the respondents are agreeable to concede
2013:DHC:8577-DB
D
1/5"' share. Learned counsel for the appellant is agreeable to this eourse of aetion. In the light ot this eoneession, the Court is of the opinion that to further work-out the rights of parties towards partitioning the property by metes and bounds, it is appropriate that the matter is remitted to Single Judge who may draw an appropriate decree in the light ofthe subsequent development and the order ofthe
Court. It is, therefore, clarified that the appellant Sh. Ajit Kumar Jam would be entitled to 1/5"' share. Learned Single Judge shall consider the contentions ofthe parties as to the share to be worked-out vis-a vis other parties to the suit and the best method of partitioning in accordance with law. I1ie parties are directed to be present through their counsel before the learned Single Judge on the date fixed, i.e.
26.1 1.2013.
It is open for any ofthe parties to the suit to apply for early date ofhearing. The appeal and pending application are partly allowed to the above extent. i A [)
S. RAVIN.DRA BHAT, J
NAJMT WAZIUI, .1
OCTOBKJ^ 01, 2013
'iijk'
2013:DHC:8577-DB
Judge directed preliminary decrce 'u) be drawn after declaring that cach party to the suit was entitled to 1/?"' share ofthe suit property, i.e. C-9. Ni3SK, i'art-II. New Delhi. I'he appellant's contention is that he is eniitled to l/S"' share and that the two defendant sisters are not entitled to share equal to that of the brothers.
].earned counsel for the plaintiff as well as some ol the contesting c'.eiendants who arc arrayed as respondents in the suil (the appellant being original Defendant No.2 in the suit) submitted today tliat accordiiig to the iiistruclions received, the decree directed to be drawn by the impugned order car. be modified to concede to the appellant's claim and that the respondents are agreeable to concede
2013:DHC:8577-DB
D
1/5"' share. Learned counsel for the appellant is agreeable to this eourse of aetion. In the light ot this eoneession, the Court is of the opinion that to further work-out the rights of parties towards partitioning the property by metes and bounds, it is appropriate that the matter is remitted to Single Judge who may draw an appropriate decree in the light ofthe subsequent development and the order ofthe
Court. It is, therefore, clarified that the appellant Sh. Ajit Kumar Jam would be entitled to 1/5"' share. Learned Single Judge shall consider the contentions ofthe parties as to the share to be worked-out vis-a vis other parties to the suit and the best method of partitioning in accordance with law. I1ie parties are directed to be present through their counsel before the learned Single Judge on the date fixed, i.e.
26.1 1.2013.
It is open for any ofthe parties to the suit to apply for early date ofhearing. The appeal and pending application are partly allowed to the above extent. i A [)
S. RAVIN.DRA BHAT, J
NAJMT WAZIUI, .1
OCTOBKJ^ 01, 2013
'iijk'
2013:DHC:8577-DB