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0-3 $-12 HIGH COURT OF DELHI
CS(OS)879/2015 &lA No.6507/2015(U/0.39,R-1 &2)
SANJIV KUMAR MALHOTRA & ANR Plaintiffs
Through Mr.SushantKumar& Ms.Shikha Singh Advocates
CS(OS)879/2015 &lA No.6507/2015(U/0.39,R-1 &2)
SANJIV KUMAR MALHOTRA & ANR Plaintiffs
Through Mr.SushantKumar& Ms.Shikha Singh Advocates
VERSUS
KAMAL MALHOTRA & ORS ..... Defendants
Through Mr.Dhruv Kumra,Advocate
Through Mr.Dhruv Kumra,Advocate
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
19.10.2016 Counsel for the parties agree thatthe defendant no.3 who is a minor may be represented through his natural guardian(mother)-defendant no.l as the defendant no.l does not have any interest adverse to that of the minor.
Counsel appearing for defendant no.l submits that defendant no.l has no objection in case defendant no.3 is represented through his-mother, defendant no.l. Accordingly,defendant no.3 shall be represented through his natural guardian i.e.the mother(defendantno.1).
Plaintiffhas filed the present suitfor partition. Parties have entered into an amicable settlement before the Delhi High Court Mediation &
Conciliation Centre. The terms ofthe settlement have been detailed in the order of06.01.2016.
Counsel for the parties further submit that they have made attempts to sell the suit property,however,no firm offer has been received till now.
Counsel for the parties submit that no purpose would be achieved by keeping the present matter pending and pray that a final decree be passed. Accordingly, as agreed, a final decree is passed with respect to
2016:DHC:9351 property bearing no.K-50,B.K. Dutt Colony,New Delhi. The plaintiffs are to be entitled to 2/3^^ share in the property and the defendants l/S""^ shares collectively.
It is agreed thatthe parties will make a sincere endeavour to sell the property within six months from today. If for any reasons, parties are unable to sell the suit property,it would be open for any ofthe parties to approach this Courtfor execution ofthe decree.
The counsel for the parties submit that defendant no.l would approach the Guardian Court for appointment of defendant no.l as a guardian ofdefendantno.3to facilitate the sale ofthe property.
-X. G.S.SISTANI,J.
OCTOBER 19,2016 P 2016:DHC:9351
19.10.2016 Counsel for the parties agree thatthe defendant no.3 who is a minor may be represented through his natural guardian(mother)-defendant no.l as the defendant no.l does not have any interest adverse to that of the minor.
Counsel appearing for defendant no.l submits that defendant no.l has no objection in case defendant no.3 is represented through his-mother, defendant no.l. Accordingly,defendant no.3 shall be represented through his natural guardian i.e.the mother(defendantno.1).
Plaintiffhas filed the present suitfor partition. Parties have entered into an amicable settlement before the Delhi High Court Mediation &
Conciliation Centre. The terms ofthe settlement have been detailed in the order of06.01.2016.
Counsel for the parties further submit that they have made attempts to sell the suit property,however,no firm offer has been received till now.
Counsel for the parties submit that no purpose would be achieved by keeping the present matter pending and pray that a final decree be passed. Accordingly, as agreed, a final decree is passed with respect to
2016:DHC:9351 property bearing no.K-50,B.K. Dutt Colony,New Delhi. The plaintiffs are to be entitled to 2/3^^ share in the property and the defendants l/S""^ shares collectively.
It is agreed thatthe parties will make a sincere endeavour to sell the property within six months from today. If for any reasons, parties are unable to sell the suit property,it would be open for any ofthe parties to approach this Courtfor execution ofthe decree.
The counsel for the parties submit that defendant no.l would approach the Guardian Court for appointment of defendant no.l as a guardian ofdefendantno.3to facilitate the sale ofthe property.
-X. G.S.SISTANI,J.
OCTOBER 19,2016 P 2016:DHC:9351
JUDGMENT