Pritam Dass v. Satpal

Delhi High Court · 07 Nov 2017 · 2017:DHC:8795
Rajiv Sahai Endlaw
C.R.P.106/2008
2017:DHC:8795
civil appeal_allowed

AI Summary

The Delhi High Court remanded the property dispute to the trial court for determination of parties' shares after settlement efforts failed.

Full Text
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$32 HIGH COURT OF DELHI
C.R.P.106/2008
PRITAM DASS (DECEASED) THROUGH LRS .....Petitioner
Through: Mr. Shekhar Dasi, Adv.
VERSUS
SATPAL & ANR .....Respondents
Through: Mr. R.S. Kela, Adv. for R-1.
Mr. S.K. Gupta, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
I % 07.11.2017 This order is in continuation of the earlier orders dated 17th August, 2017 and 2' November, 2017.
No settlement has been possible between the parties.
I have already in the order dated 17th August, 2017 held that the rights of the parties in the properties will have to be adjudicated.
Accordingly, the petition is allowed in terms of the aforesaid and the matter is remanded to the Civil Judge for determination of the shares of the parties in the property aforesaid.
The counsels shall be entitled to address before the Civil Judge, whether the said determination requires issues to be framed and evidence to be led thereon or can be done on the basis of existing material.
The petition is disposed of.
It will also be open to the parties to appi for in reliefs during the pendency of the proceedings. ,.-...
RAJIV SAHAI ENDLAW, J.
NOVEMBER 07, 20171bs..
2017:DHC:8795
JUDGMENT