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#36 HIGH COURT OF DELHI
JUDGMENT
SANTOSH KUMARI ALIAS SHANTI DEVI & ORS. ..... Appellants
For the Appellants: Mr. Abhinav Sharma, Mr. Naveen Gaur and Mr. Deepak Jain, Advocates along with Appellant-in-person.
For the Respondents: Mr. D.S. Vohra, Advocate for R-1 to R-3.
Mr. Ashok Kumar, Advocate for R-4 to R-6.
Mr. N.K. Kantawala, Mr. Amaya M. Nair, Advocates for
R-7.
HON'BLE MR. JUSTICE TALWANT SINGH
CM APPL. 53155/2022(u/O XXIII Rule 3 r/w Section 151 CPC filed on behalf of the parties for recording of compromise and passing of a preliminary decree of partition between the parties)
1. The present application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 has been jointly instituted on behalf of the parties praying as follows: “In light of the above mentioned facts and circumstances, it is prayed that this Hon'ble Court may graciously be pleased to:a. Pass a preliminary decree of partition declaring that legal heirs of Sh. Ram Saroop and Sh. Kallu Mal are entitled to equal share i.e. 171 Sq. Yards each out of total area of 342 Sq. Yards in respect of immovable property bearing No. 29, Church Lane, Bhogal Jangpura, New Delhi. b. Pass a preliminary decree of partition determining that the individual share of parties to the suit/Appeal out of 171 Sq. Yards in respect of immovable property bearing NO. 29, Church Lane, Bhogal, Jangpura, New Delhi as hereinunder:- Branch A of Shri Mange Ram Gupta
(i) Santosh Kumari @ Shanti Devi -- 1/30th
(ii) Ashok Kumar Singhal -- 1/30th
(iii) Naresh Kumar Singhal alais Naresh Singhal-
(iv) Shashi Aggarwal -- 1/30th
(v) Disha Garg -- 1/30th
(i) Ajay Kumar Singhal -- 1/18th
(ii) Vijay Kumar Singhal -- 1/18th
(iii) Sapna Singhal -- 1/18th
(i) Pradeep Gupta -- 1/18th
(ii) Sandeep Gupta -- 1/18th
(iii) Anjana Gupta -- 1/18th
Branch D of Shri Kallu Mal Asa Ram (Respondent No.7)- 1/2 share out of 342 Sq. Yards c. Appoint a local commissioner to carry out a partition by metes and bounds of the immovable property i.e. 29, Church Lane, Bhogal Jangpura, New Delhi admeasuring 342 Sq. yards with respect to the respective individual shares of' the parties thereunder. d. Any other order which this Hon’ble Court may deem fit to pass in present facts and circumstances.”
2. Learned counsel appearing on behalf of the parties invite our attention to paragraphs 9 to 14 of the present application to urge that preliminary decree of partition be passed, in terms of the compromise/settlement arrived at by and between the parties in relation to the subject property of the present appeal.
3. Paragraphs 9 to 14, which elaborate the compromise/ terms and conditions for passing a preliminary decree of partition between the parties are reproduced hereinbelow:
4. A perusal of the application reveals that the terms and conditions of the settlement are lawful. The parties have appended their signatures to the present application, which are also duly supported by affidavits. The parties are present in court today and have duly agreed to the terms and conditions of the above-mentioned settlement arrived at between them with respect to the subject property. The undertaking is duly accepted. The parties are directed to comply with the terms and conditions of the settlement elaborated herein above, without demur.
5. Hence, in the interest of justice, with a view to apply quietus to the protracted litigation between the parties, with respect to subject property bearing No. 29, Church Lane, Bhogal Jangpura, New Delhi, admeasuring 342 Sq. Yards; a preliminary decree of partition is passed ascertaining the shares of the parties, in view of the terms and conditions elaborated hereinabove.
6. In view of the foregoing discussion, the present application is allowed. Mr. Dhruv Arora, Advocate, having Enrolment No.D/2083/2017, Mobile No.9810012712, is appointed as a Local Commissioner, who shall file his report suggesting therein, the mode of partition, by the way of metes and bounds.
7. The local commissioner may also take assistance of an architect, if so required. The fee of the Local Commissioner is fixed at Rs.1,00,000/- (Rupees One Lakh only) to be borne by the parties equally, besides incidental and out of pocket expenses.
8. Learned counsel for the parties shall lend full assistance to the Local Commissioner in carrying out the inspection and provide all necessary documents/site plan, etc., as may be requested by the Local Commissioner.
9. The commission shall be executed within 6 weeks from today and report thereof be filed thereafter. Needless to say that learned Local Commissioner shall put the parties to advance notice prior to his visit/inspection of the property.
10. The report of the Local Commissioner be filed on the record of subject suit no. CS (OS) 373/2018 titled as “Ajay Kumar Singhal & Ors vs Mange Ram Gupta & Ors.” on or before the next date of hearing, before the learned single judge i.e. 28.02.2023.
11. A copy of this order be sent to the Local Commissioner for necessary information and compliance. FAO (OS) 137/2022 CM APPL. 51506/2022 & CM APPL. 51507/2022
12. The present appeal is disposed of, in terms of the compromise arrived at between the parties. All the pending applications stand disposed of.
13. The Registry is directed to prepare a Preliminary decree sheet, in terms of the order passed in CM APPL.53155/2022.
14. A copy of this order be provided to learned counsel appearing on behalf of the parties and be also uploaded on the website of this Court SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) DECEMBER 19, 2022 Click here to check corrigendum, if any