Smt. Deepa Singh vs Smt. Sharda Jootla And Ors.
2012 Latest Caselaw 6205 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                              CS(OS) No.554/1996

%                                              15th October, 2012

SMT. DEEPA SINGH                                     ..... Plaintiff
                               Through:   Mr.Noor Alam & Mr.Sharat
                                          Kapoor, Advocate.

                      versus


SMT. SHARDA JOOTLA AND ORS.               ..... Defendants
                 Through: Mr.J.P. Singh, Advocate for D-1 &
                          2.
                          Mr.Y.R. Sharma, Advocate for
                          LRs of D-3.



CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

    To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.

The defendant no.1 has filed the details of the lands at Kotli

Muglam and and Dumera. Accordingly, the following preliminary decree

is passed whereby the plaintiff, defendant no.1, defendant no.2 and jointly

the legal heirs of deceased defendant no.3 each will have 1/4th share in the

following properties:-

(i) W-72, Greater Kailash-I, New Delhi measuring 500 sq. yds.

(ii) Shop No.8, Bajaj House, 97, Nehru Place, New Delhi.

(iii) Plot No.13, Block-G, Sector-10, DLF Model Town, Faridabad

(Haryana).

(iv) Bungalow known as JEETVILLA in middle Bakrota, Dalhousie,

Himachal Pradesh.

(v) Property bearing No.263, Laxmipura, Jullandar City, Punjab.

(vi) Share of Gurbax Singh Jootla in 430 Kanals and 30 Marla of land

situated in Village Rogue, Peeka Barhi, Tehsil Dhar Kllan, Pathankot,

Punjab, and

(vii) share of Shri Gurbax Singh in 32 Kanlas and 10 Marlas of land

situated in Village Kotli Muglam, Tehsil and District Gurdaspur, Punjab.

2. A preliminary decree be drawn declaring that the plaintiff,

defendant no.1 and defendant no.2 have 1/4th share each in the aforesaid

properties and all the legal heirs of defendant no.3 jointly will also have

1/4th share in the aforesaid property.

3. Counsel for the parties, at this stage, agree that the properties

cannot be physically partitioned and therefore since properties have to be

sold, a final decree of partition be drawn. It is agreed that parties will

file, for preparing the final decree, requisite stamp papers in terms of

Section 2(15) read with Article 45 of Indian Stamp Act, 1899 and will

endeavour thereafter to jointly sell the properties without any assistance

being required from the Court. However, if the parties fail to

mutually sell the properties outside the Court, then the parties agree that

they will be at liberty to file execution proceedings for sale of the

aforesaid properties.

4. Suit is accordingly disposed of by ordering that a preliminary

decree and final decree be drawn up.

VALMIKI J. MEHTA, J OCTOBER 15, 2012 gm