Smt. Sarla Rani Sharma And Ors. vs Zebra Industries
2006 Latest Caselaw 165 Del

JUDGMENT

Sanjay Kishan Kaul, J.

1. The plaintiffs have filed a suit for partition in respect of property being House No. E-169, Greater Kailash Part II, New Delhi. The parties have settled their disputes and have filed the present application.

2. It is stated that the property in question is measuring 250 sq. yds. and has built up portion of ground, first and barsati floors. The parties had divided the constructed portion as set out in the application and have demarcated the same in different colours in the plan annexed to the application. The plaintiffs on the one hand and the defendants on the other hand will have equal rights in the land beneath the property. The defendants are to vacate the ground floor and barsati floor portion on or before 30.04.2006 and the plaintiffs have to vacate the first floor and two portions of barsati floor on or before the said date.

3. The application is duly signed by the parties and is supported by affidavits. The parties are present in Court.

4.The application is allowed.

CS (OS) No. 137/2000

5.The parties have settled their disputes for partition in terms of IA No. 8976/2006. The application is marked as Exhibit-X. The plan showing the demarcated portions for each property is marked as Exhibit-Y. A decree is passed for partition in respect of the property bearing No. E-169, Greater Kailash Part II, New Delhi in terms of Exhibit-X and Exhibit-Y. Both Exhibit-X and Exhibit-Y shall form part of the decree-sheet. The parties are left to bear their own costs.

6.Decree-sheet be prepared on the parties filing requisite stamp duty. The cost of the stamp duty to be shared equally by both the parties, i.e., 50% by the plaintiffs and 50% by the defendants.