Ajeet Atma Singh Gill & Ors vs Arvind Khosla
2015 Latest Caselaw 6883 Del

$~11.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2180/2013
      AJEET ATMA SINGH GILL & ORS               ..... Plaintiffs
                     Through: Mr. Abhimanyu Singh, Advocate

                        versus

      ARVIND KHOSLA                                 ..... Defendant
                        Through: Mr.P.K. Agarwal, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 11.09.2015

1. The present suit has been instituted by the plaintiffs for seeking

partition of premises No.324, Sant Nagar, East of Kailash, New Delhi,

measuring 200 sq. yards. The three plaintiffs jointly claim a share to

the extent of 50% in the suit premises and the defendant is the joint

owner of the remaining 50%.

2. Counsels for the parties state that a preliminary decree was

passed on 13.02.2014, determining the shares of the parties in the

suit premises and declaring that the plaintiffs are collectively entitled

to 50% undivided share in the suit premises and the defendant is

entitled to the remaining 50%. Thereafter, the parties were referred to

mediation. However, the mediation did not result in a settlement.

3. On 04.08.2014, a Court Commissioner was appointed to suggest

ways and means of partitioning the suit premises.

4. Counsels for the parties state that their clients did not approach

the Court Commissioner and instead they have interacted with each

other directly and all of them are ad idem that the preliminary decree

dated 13.02.2014 may be converted into a final decree and the parties

be left to take steps to jointly dispose of the suit premises in the open

market and share the sale proceeds in terms of the final decree.

5. In view of the aforesaid submission, the preliminary decree

dated 13.02.2014, is converted into a final decree. Decree sheet be

drawn accordingly.

6. In case the parties are unable to take joint steps to dispose of

the suit premises in the open market and share the sale proceeds in

terms of the decree passed in the present suit, the aggrieved party

shall be entitled to seek execution of the decree in accordance with

law.

7. The suit is disposed of while leaving the parties to bear their own

expenses.

HIMA KOHLI, J SEPTEMBER 11, 2015 rkb