Smt Neety Gupta vs Smt. Usha Gupta & Ors
2011 Latest Caselaw 4819 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 2209/2008 & IA.No.12718/2008 (STAY)

      SMT NEETY GUPTA                          ..... Plaintiff
                Through:       Mr.Pradhuman Kumar Aggarwal, Adv
                   versus
      SMT. USHA GUPTA & ORS               ..... Defendant
                Through:  Mr.Gagan Gupta, Adv. for defendant no.2
      CORAM:
      HON'BLE MR. JUSTICE G.S.SISTANI
                 ORDER

% 27.09.2011

Plaintiff has filed present suit for partition, injunction and rendition

of accounts against defendants. Counsel for the plaintiff submits that

plaintiff and defendants no.1 to 4 are real sisters. Plaintiff claims 1/5 th

share in the suit properties [property bearing No.B-7, 80/2, Safdarjung

Enclave, New Delhi-29 and property bearing No.B-9, Rohit Kunj, Pitampura

(Rohtas Cooperative House Building Society, Delhi)].

It is pointed out that defendants No.1, 3 and 4 were proceeded ex

parte on 07.07.2009. Defendant no.2 admits the claim of the plaintiff.

Accordingly, a preliminary decree is passed. All the parties shall

have 1/5th share in the suit properties. In the absence of any particulars of

the properties at Karnal and also in the absence of any details of the

movable properties, the plaintiff on instructions wishes to give up the

relief of rendition of accounts.

Counsel for the parties pray that a Local Commissioner be appointed

to suggest the mode of partition. Accordingly, Ms.Madhvi Chopra,

Advocate (Cell No.9899044704) is appointed as a Local Commissioner, to suggest the mode of partition. Local commissioner will issue notice to all

the parties and thereafter suggest mode of partition and will give her

report well before the next date of hearing. Fee of the Local

Commissioner is fixed at Rs.60,000/- besides all out of pocket expenses,

to be shared initially by the plaintiff and defendant no.2, but will be

ultimately shared by all the parties (plaintiff and defendants No.1 to 4) in

equal proportion.

Let a copy of this order be served by the Local Commissioner on all

the defendants. All the defendants shall appear before the Local

Commissioner and suggest the mode of partition.

List on 09.11.2011.

G.S.SISTANI,J SEPTEMBER 27, 2011 ssn CS(OS) 2209/2008