Ravinder Pal Singh Baweja & Anr vs Barjinder Pal Singh Baweja & Ors
2018 Latest Caselaw 4424 Del

$~O-19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                     Date of Decision: 31st July, 2018

+     CS(OS) 1188/2009

      RAVINDER PAL SINGH BAWEJA & ANR.        ..... Plaintiffs
                   Through: Mr. Arjun Mitra, Adv. for plaintiff
                            No.2.

                          versus

      BARJINDER PAL SINGH BAWEJA & ORS.                    ..... Defendants
                   Through:

                          J U D G M E N T (ORAL)

1. The plaintiffs are seeking partition of property bearing No.B-18, Bazar Marg, Rajinder Nagar, New Delhi.

2. On 20th November, 2017, this Court passed a preliminary decree. The shares of the parties as per the preliminary decree are as under:-

(i) Ravinder Pal Singh (Plaintiff No.1) - 7/30

(ii) Tejinder Pal Singh (Plaintiff No.2) - 7/30

(iii) Barjinder Pal Singh (Defendant No.1) - 7/30

(iv) Ishmeet Singh (Defendant No.3) - 7/30

(v) Puneet Singh (Defendant No.4) - 7/30

(vi) Ms. Harjeet Kaur (Defendant No.2) - 2/30

3. Vide order dated 20th November, 2017, this Court appointed the Local Commissioner to suggest the modes of partition. The Local Commissioner

has submitted her report dated 28th February, 2018 according to which the suit property cannot be divided metes and bounds.

4. Learned counsel for the plaintiff submits that the plaintiff accepts the report of the Local Commissioner that the suit property cannot be divided by metes and bounds.

5. There is no appearance on behalf of the defendants. The defendants have also not filed any objections to the report of the Local Commissioner.

6. This Court is of the view that the suit property cannot be divided by metes and bounds. The final decree of partition of property bearing No. B- 18, Bazar Marg, Rajinder Nagar, New Delhi is passed for sale of the aforesaid property and distribution of the sale proceeds amongst the parties as per their respective shares declared in the preliminary decree of partition.

7. The parties are at liberty to do inter se bidding failing which the parties are at liberty to execute the decree for sale of the suit property and distribution of the sale proceeds according to their shares.

8. Copy of this judgment be given dasti to counsel for the plaintiffs under the signature of the Court Master.

JULY 31, 2018                                                  J.R.MIDHA, J.
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