Rajiv Oberoi vs Jatinder Oberoi & Anr
2019 Latest Caselaw 2169 Del

$~41

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                        Date of Judgment: 24.04.2019

+       RFA(OS) 7/2018

        RAJIV OBEROI                                          ..... Appellant
                            Through:     Mr. Alok Tripathi, Advocate with
                                         appellant in person.
                            versus

        JATINDER OBEROI & ANR                    ..... Respondents
                     Through: Mr. Rajat Aneja and Ms. Chandrika
                              Gupta, Advocates for R-2 with R-2 in
                              person.

        CORAM:
        HON'BLE MR. JUSTICE G.S. SISTANI
        HON'BLE MS. JUSTICE JYOTI SINGH

G.S. SISTANI, J. (ORAL)

1. Challenge in this appeal is to the final order dated 29.11.2017 by which a decree for partition has been passed. The parties are open for sale of the property. In fact, counsel for the appellant, on instructions from the appellant who is present in person, submits that in case the value of the property is Rs.8½ crores (according to the respondent), he is willing to accept Rs.4 crores and if Rs.4 crores are paid to him, he will transfer his rights. In case the respondent is able to find a buyer for the said amount, appellant is open to accept the same, however, in case the buyer is not found within two months, then liberty be granted to the parties to seek appropriate remedy as available to them in accordance with law.

2. We have heard learned counsel for the parties. In view of the stand taken by the appellant, the appeal is disposed of with the following agreed directions:

(i) The appellant is willing to accept Rs. 4 crores for his share of the property.

(ii) The offer is acceptable by him for a period of two months.

(iii) In case the parties are unable to find a buyer, the parties would seek such remedies as available in accordance with law.

3. The present appeal is accordingly disposed of.

G.S.SISTANI, J

JYOTI SINGH, J APRIL 24, 2019 rd