Rahul Jain & Ors. vs Narender Kumar & Ors.
2012 Latest Caselaw 6257 Del

   *          IN THE HIGH COURT OF DELHI AT NEW DELHI

   +                         CS(OS) 2031/2003

   %                                                        17th October, 2012

   RAHUL JAIN & ORS.                        ..... Plaintiff
                   Through:             Mr. Raunak Jain, Advocate.


                    versus

   NARENDER KUMAR & ORS. CA+                  ..... Defendants
                Through: Mr. B. Mahapatra, Advocate for defendant
                          Nos.2A and 2B.
                          Mr. Atul Kumar, Advocate for defendant
                          Nos.2,4 (a-d), 5,6, 8 and 9.
                          Ms. Ruchika Jain, Advocate for defendant
                          Nos.10, 11 and 13 to 19.

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

   To be referred to the Reporter or not?


    VALMIKI J. MEHTA, J (ORAL)

   1.         A preliminary decree was passed in this suit on 30.7.2012. Counsel

   for the parties agree that in view of the shares of the respective parties and the

   nature of the properties, it is better if the properties are sold and that too by

   mutuality among the parties and without assistance of the Court. This mode of

   sale of properties is preferable because firstly it is difficult to get the buyer in

   sale proceedings through the Court; secondly sometimes the suit property is
CS(OS) 2031/2003                                                             Page 1 of 3
    considered as a disputed property which fetches a lesser price; and thirdly it is

   possible that on many occasions for various reasons parties may not get the

   complete price of the suit property.

   2.         Accordingly, let a final decree be drawn up confirming the

   preliminary decree passed on 30.7.2012. It be further stated in the final decree

   that the properties will be sold and parties will get their shares in the sale value

   of the suit properties.

   3.         It is also agreed that plaintiffs will deposit the necessary stamp papers

   with respect to drawing up of a final decree of partition as per Article 45 of the

   Stamp Act, 1899, however, the other parties will also give their shares of the

   non-judicial stamp duty which is payable. In case, the plaintiffs have to pay an

   amount of the stamp duty for the shares of the others in the suit property, then,

   when the properties are sold the plaintiffs will have a first charge on the sale

   proceed for recovery of the excess amount paid for preparation of the final

   decree.

   4.         It is clarified that parties are at liberty, in case the properties cannot be

   sold outside the Court mutually, to approach this Court by means of an

   Execution Petition for sale of the properties.




CS(OS) 2031/2003                                                                 Page 2 of 3
    5.         It is further clarified that no stamp duty was payable on the

   preliminary decree as stated in the order dated 30.7.2012, however, non-judicial

   stamp papers will now be required to be filed for drawing up of the final decree.

   6.         Suit is disposed of with the aforesaid observations.




   OCTOBER 17, 2012                                  VALMIKI J. MEHTA, J.

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