Delhi High Court
Usha Rani Gautam & Others vs Devender Gautam on 13 February, 2014
Author: G. S. Sistani
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 720/2010
% Date of Decision: February 13, 2014
USHA RANI GAUTAM & OTHERS ..... Plaintiff
Through: Mr.Prakash Gautam, Advocate
versus
DEVENDER GAUTAM ..... Defendant
Through: Mr.N.Sharma, Advocate
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S. SISTANI, J. (ORAL)
1. The plaintiffs, who are sisters, have filed the present suit against their
brother (defendant herein) for partition of the suit property bearing No.J &
K- 66 measuring 100 sq. yds situated at Laxmi Nagar, Delhi-110 092. As
per the plaint, the suit property was purchased by the mother of the parties
by virtue of registered sale deed no.4830 registered in Book No.1, volume
201, pages 45-47 on 13.7.1970. The property was built by the father of
the parties. The mother of the parties died intestate on 17.2.1995. The
parties thereafter relinquished their respective shares in favour of their
father by means of a registered relinquishment deed. The father during
his lifetime had executed a registered sale deed 19.12.2008 by which he
bequeathed all his movable and immovable properties in favour of the
plaintiffs. A gift deed was also executed by the father of the parties in
favour of the plaintiffs on 2.9.2009.
2. During the pendency of the suit on 10.10.2012 a statement was made by
counsel for the plaintiffs that the suit property be divided amongst all the
CS(OS) 720/2010 1/2
legal heirs of the deceased and accordingly a preliminary decree for
partition was passed on the very same day and a Local Commissioner was
also appointed.
3. In the meanwhile the defendant had filed an appeal
[RFA(OS)No.109/2012] before the Division Bench which was dismissed.
Thereafter a Special Leave Petition No.1/2013 was filed, which was also
dismissed.
4. The matter has been adjourned from time to time, to enable the parties to
take a decision as to how the property is to be divided. On the last date of
hearing the matter was adjourned with a direction to all the parties to
remain present in Court.
5. Parties are present in court and submit that they have been able to get an
estimated value of the suit property. Parties submit that they would
jointly make an endeavour to sell the suit property within 3 months from
today and in case they are unable to find a suitable buyer or reach on a
consensus, they would execute the decree which may be passed today.
6. In view of the stand taken by the parties, a final decree is passed, defining
the shares of all the parties as 1/4th each in the suit property. Decree-sheet
be drawn up accordingly.
7. Parties would be entitled to sell the property to the person who gives the
highest offer and in case they are unable to find a buyer, any of the party
may take steps to execute the decree passed today.
8. In view of above, the present suit stands decreed.
9. No costs.
G.S.SISTANI, J
FEBRUARY 13, 2014
Ssn
CS(OS) 720/2010 2/2
