Pankaj Sharma vs Prabha Sharma & Anr
2015 Latest Caselaw 7517 Del

$~46.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 968/2013 and I.A. 8476/2013
     PANKAJ SHARMA                                 ..... Plaintiff
                       Through: Mr. S.K. Das, Advocate

                       versus

     PRABHA SHARMA & ANR                        ..... Defendants
                   Through: Mr. Girish Pandey, Advocate for D-1.
                   Mr. Jagdev Singh, Advocate for Mr. Adarsh
                   Aggarwal, Advocate for D-2.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 01.10.2015

1. This order is in continuation of the order dated 17.09.2015. On

the last date of hearing, counsels for the parties had requested for an

adjournment to enable the defendant No.2 to have the Sale Deed of

the subject flat registered. The Court is informed today that the Sale

Deed has been duly executed and registered on 22.09.2015. A copy of

the said document is handed over by the counsel for the defendant

No.2 and taken on record.

2. Counsel for the plaintiff states that now the plaintiff and the

defendant No.1 (mother and son) are required to take joint steps to

dispose of the suit property and share the sale proceeds equally.

However, counsel for the defendant No.2 informs the Court that on

mortgaging the flat to IDBI Bank, the plaintiff has taken a loan of

Rs.10 lacs, which fact is confirmed by the counsel for the plaintiff, who

submits that the plaintiff had taken a loan of Rs.10 lacs and has been

returning the amount in equal monthly instalments. He submits that

as of now, only a sum of Rs.2.5 lacs is left to be paid.

3. In view of the above, defendant No.2 is directed to deposit the

original Sale Deed of the flat with the Manager of IDBI Bank,

Jhandewalan Branch, who shall retain the title deeds till the entire loan

amount is liquidated by the plaintiff. Once the flat is free from

encumbrance, the plaintiff and the defendant No.1 shall be at liberty

to dispose it of within six months therefrom and share the sale

proceeds in equal half. If the parties are unable to do so, then they

shall be entitled to file an execution petition to seek execution of the

judgment and decree, as per law.

4. The suit is decreed on the aforesaid lines while leaving the

parties to bear their own costs.

5. The suit is disposed of alongwith the pending application.

HIMA KOHLI, J OCTOBER 01, 2015 rkb