Smt. Manorma Grover & Others vs Smt. Ishwari Devi

$~40.

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+       CS(OS) 1381/2009

%                                              Order dated 03.02.2014
        SMT. MANORMA GROVER & OTHERS                              ..... Plaintiffs
                           Through :     Mr.Y.P. Ahuja, Adv. along with plaintiffs
                                         no.1 and 3.


                           versus


        SMT. ISHWARI DEVI G+                                      ..... Defendants
                           Through :     Mr.Akshay Makhija, Ms.Mahima Bahl,
                                         Ms.Chandni Mehra and Mr.Rohitendra
                                         Deb, Adv. for Mr.H.L. Grover, legal heir
                                         of deceased defendant no1.
        CORAM:

              HON'BLE MR. JUSTICE G.S.SISTANI

G.S.SISTANI, J (ORAL)

    1.

Plaintiffs have filed the present suit for partition with respect to flat bearing no.26-A, DDA Flats, Phase-I, Masjid Moth, New Delhi.

2. On the last date of hearing i.e. 29.1.2014, as agreed, a preliminary decree was passed defining the shares of the parties:

(i) 75% falls to the share of the plaintiffs in the suit property;

and

(ii) 25% falls to the share of Sh.H.L. Grover, legal heir of defendant no.1, in the suit property.

3. As per the valuation report, value of the flat, in question, is Rs.77.91 lakhs.

4. Today, plaintiffs no.1 and 3 and, Sh.H.L. Grover, legal heir of defendant no.1, are present in Court along with their respective counsel. Learned counsel for the defendant no.1 submits that he is willing to buy the share of plaintiff.

5. Mr.Makhija, learned counsel appearing on behalf of Sh.H.L. Grover, submits that Sh.H.L. Grover is willing to better the offer; he is also willing to assess the property at the rate of Rs.1.00 crore; and pay Rs.75.00 lakhs to the plaintiffs. Plaintiff no.1 considered and discussed the offer with her daughter, plaintiff no.3, and thereafter agrees to accept the offer made by Sh.H.L. Grover in the sum of Rs.75.00 lakhs. Accordingly, it is agreed by counsel for the plaintiffs and Sh.H.L. Grover, legal heir of defendant no.1, that the present suit may be disposed of in the following agreed terms:

(i) SH.H.L. Grover, legal heir of defendant no.1, will pay Rs.10.00 lakhs to the plaintiffs, through their counsel, within one week from today; Rs.35.00 lakhs within two months from today; and the balance amount of Rs.30.00 lakhs within four months from today.

(ii) In case, the above payments are not made as per the time schedule, plaintiffs will pay to Sh.H.L. Grover, his share as per the valuation report i.e. Rs.77.91 lakhs within four months;

(iii) Mr.Makhija, learned counsel for legal heir of defendant no.1, assures the Court that Sh.H.L. Grover, will make every endeavour to make the payment as early as possible but not CS(OS)No.1381-2009 Page 2 of 3 later than the schedule fixed;

(iv) Mr.Ahuja, learned counsel for the plaintiffs, on instructions, submits that the plaintiffs are only in possession of a copy of the allotment letter. Plaintiffs no.1 and 3 undertake to the Court that the flat, in question, has never been mortgaged nor was it the subject matter of any other Agreement to Sell; and

(v) Plaintiffs agree to cooperate with Sh.H.L. Grover, legal heir of defendant no.1, for execution of indemnity papers and sign all the documents, which are necessary for transfer of the flat, in question, in favour of Sh.H.L. Grover.

6. Accordingly, present suit stands decreed in favour of the plaintiffs and against the legal heir of defendant no.1, in terms of the above agreed terms of settlement arrived at between them. Court appreciates the efforts put in by counsel for the parties in resolving the matter amicably.

G.S.SISTANI, J FEBRUARY 03, 2014 msr CS(OS)No.1381-2009 Page 3 of 3