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HIGH COURT OF DELHI
Date of Decision: 20th February, 2024
ANUJ NATH AND ORS ..... Plaintiffs
Through: Ms. Simran Makhija, Advocate.
Through: Ms. Malavika Rajkotia, Ms. Ekta Sharma and Ms. Sara Singh, Advocates for D1(a).
JUDGMENT
I.A. No.________/2024 (to be numbered by the Registry)
1. Learned counsel for defendant No.1A has submitted that they have filed an application under Section 151 CPC for clarification of the Order of this Court dated 29.01.2024. The said application though has been submitted vide Diary No.486895/2024, but the same has still not been put on record. Thus, the hard copy of the same has been submitted today in the Court, which may be taken on record.
2. Submissions heard on behalf of the parties.
3. It is submitted that a Preliminary Decree had been made in the present case on 25.03.2022, whereby share of all the parties had been determined. Thereafter, it was observed that the properties cannot be partitioned by metes and bounds and the property was sought to be sold by way of an CS(OS) 243/2015 auction. The proceedings were accordingly initiated and Local Commissioner was appointed for carrying out the auction vide Order dated 29.01.2024. However, the learned Local Commissioner had sent his inability to execute the Commission as recorded in Order dated 12.02.2024.
4. The matter has now come up before the Court, wherein it is submitted on behalf of the plaintiff that the Preliminary Decree has already been made and it has already been observed that the property cannot be divided by metes and bounds. Therefore, it is imperative to pass a Final Decree.
5. Submissions heard.
6. In view of the facts stated above, it is hereby directed that the suit property be sold and the share of the respective parties be distributed accordingly. All the parties shall be at liberty to participate in the auction of the suit property. The Final Decree is passed in the aforesaid terms. However, it is clarified that the Final Decree shall be subject to the outcome of the CS(OS)663/2011 titled as Krishna Gupta and Anr. v. M/s Rajendra Nath & Co. HUF & Ors. which is pending in respect of the suit property bearing No.2526, Churiwalan, Delhi.
7. The Decree sheet be prepared accordingly.
8. The Suit along with pending application(s) also stand disposed of.
JUDGE FEBRUARY 20, 2024