Delhi High Court
Santosh Kumari Alias Shanti Devi & ... vs Ajay Kumar Singhal & Ors. on 19 December, 2022
2022/DHC/005716
#36
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 19.12.2022
FAO(OS) 137/2022
SANTOSH KUMARI ALIAS SHANTI DEVI
& ORS. ..... Appellants
versus
AJAY KUMAR SINGHAL & ORS. ..... Respondents
Advocates who appeared in this case:
For the Appellants: Mr. Abhinav Sharma, Mr. Naveen Gaur and Mr. Deepak
Jain, Advocates along with Appellant-in-person.
For the Respondents: Mr. D.S. Vohra, Advocate for R-1 to R-3.
Mr. Ashok Kumar, Advocate for R-4 to R-6.
Mr. N.K. Kantawala, Mr. Amaya M. Nair, Advocates for
R-7.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J (OPEN COURT)
CM APPL. 53155/2022(u/O XXIII Rule 3 r/w Section 151 CPC
filed on behalf of the parties for recording of compromise and
passing of a preliminary decree of partition between the parties)
1. The present application under Order XXIII Rule 3 read with
Section 151 of the Code of Civil Procedure, 1908 has been jointly
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:21.12.2022
17:32:15
2022/DHC/005716
instituted on behalf of the parties praying as follows:
"In light of the above mentioned facts and circumstances,
it is prayed that this Hon'ble Court may graciously be
pleased to:-
a. Pass a preliminary decree of partition declaring that
legal heirs of Sh. Ram Saroop and Sh. Kallu Mal are
entitled to equal share i.e. 171 Sq. Yards each out of total
area of 342 Sq. Yards in respect of immovable property
bearing No. 29, Church Lane, Bhogal Jangpura, New
Delhi.
b. Pass a preliminary decree of partition determining that
the individual share of parties to the suit/Appeal out of 171
Sq. Yards in respect of immovable property bearing No.
29, Church Lane, Bhogal, Jangpura, New Delhi as
hereinunder :-
Branch A of Shri Mange Ram Gupta
(i) Santosh Kumari @ Shanti Devi -- 1/30th
(ii) Ashok Kumar Singhal -- 1/30th
(iii) Naresh Kumar Singhal alais Naresh Singhal-
1/30th
(iv) Shashi Aggarwal -- 1/30th
(v) Disha Garg -- 1/30th
Branch B of Shri Jage Ram Gupta
(i) Ajay Kumar Singhal -- 1/18th
(ii) Vijay Kumar Singhal -- 1/18th
(iii) Sapna Singhal -- 1/18th
Branch C of Shri Ishwar Dayal Gupta
(i) Pradeep Gupta -- 1/18th
(ii) Sandeep Gupta -- 1/18th
(iii) Anjana Gupta -- 1/18th
Branch D of Shri Kallu Mal
Asa Ram (Respondent No.7)- 1/2 share
out of 342 Sq. Yards
c. Appoint a local commissioner to carry out a partition
by metes and bounds of the immovable property i.e. 29,
Church Lane, Bhogal Jangpura, New Delhi
admeasuring 342 Sq. yards with respect to the respective
individual shares of' the parties thereunder.
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:21.12.2022
17:32:15
2022/DHC/005716
d. Any other order which this Hon'ble Court may deem
fit to pass in present facts and circumstances."
2. Learned counsel appearing on behalf of the parties invite our
attention to paragraphs 9 to 14 of the present application to urge that
preliminary decree of partition be passed, in terms of the
compromise/settlement arrived at by and between the parties in
relation to the subject property of the present appeal.
3. Paragraphs 9 to 14, which elaborate the compromise/ terms and
conditions for passing a preliminary decree of partition between the
parties are reproduced hereinbelow:
"9. It is submitted that during the pendency of the suit and
the present appeal, the parties being close relatives have
decided to amicably resolve their issues and disputes
pertaining to suit property. The parties have admitted and
acknowledge the undivided 1/3rd share of each of three
brothers thereto.
10. That in between the legal heirs of late Sh. Ram Saroop
i.e. the Appellants and Respondents No. 1 to 6 and late Sh.
Kallu Mal i.e. Respondent No.7, it is stated that the legal
heirs of late Sh. Ram Saroop is entitled to ½ share in the
suit property i.e. property bearing 29, Church Lane,
Bhogal, Jangpura, New Delhi admeasuring 342 sq. yards.
Further, the legal heir of late Sh. Kallu Mal is entitled to
the remaining ½ share in the suit property i.e. property
bearing 29, Church Lane, Bhogal, Jangpura, New Delhi
admeasuring 342 sq. Yards
11. Thus, the legal heirs of late Sh. Ram Saroop i.e. the
Appellants and the Respondents No.1 to 6 are entitled to
171 sq. yards out of 342 sq. yards of property bearing 29,
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:21.12.2022
17:32:15
2022/DHC/005716
Church Lane, Bhogal, Jangpura, New Delhi.
12. The legal heir of late She Kallu Mal i.e. Respondent
No.7 is entitled to 171 sq. yards out of 342 sq. yards of
property bearing 29, Church Lane, Bhogal, Jangpura,
New Delhi. It is submitted that the legal heir of Shri Kallu
Mal is in peaceful possession of their respective portion.
13. That further the legal heirs of late. Sh. Ram Saroop i.e.
the Appellants and Respondents No. 1 to 6 have consented
and agreed to ascertain and determine their respective
shares in the property i.e. 171 sq. yards of property bearing
29, Church Lane, Bhogal, Jangpura, New Delhi as under:-
A. The legal heirs of Mange Ram Gupta i.e,
Appellants, shall be entitled to 1/3rd share in the
property i.e. 171 sq. yards of property bearing 29,
Church Lane, Bhogal Jangpura, New Delhi. The
individual shares of the Appellants are determined as
under:
i. Santosh Kumari @ Shanti Devi - 1/30th
ii. Ashok Kumar Singhal- 1/30th
iii. Naresh Kumar Gupta alias Naresh Singhal - 1/30th
iv. Shashi Aggarwal- 1/30th
v. Disha Garg - 1/30th
B. The legal heirs of Jage Ram Gupta i.e. Respondents
No.1 to 3 shall be entitled to 1/3rd share in the
property i.e. 171 sq. yards of property bearing 29,
Church Lane, Bhogal Jangpura, New Delhi. The
individual shares of the Respondents No. 1 to 3 are
determined as under:-
i. Ajay Kumar Singhal- 1/18th
ii. Vijay Kumar Singhal- 1/18th
iii. Sapna Singhal- 1/18th
C. The legal heirs of Ishwar Dayal Gupta shall be
entitled to 1/3rd share property i.e. 171 sq. yards of
property bearing 29, Church Lane, Bhogal Jangpura,
New Delhi. The individual shares of the Respondents
No.4 to 6 are determined as under:-
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:21.12.2022
17:32:15
2022/DHC/005716
i. Pradeep Gupta - 1/18th
ii. Sandeep Gupta - 1/18th
iii. Anjana Gupta - 1/18th
14. That in view of the admitted shares of the parties as
aforesaid, the parties have jointly approached this Hon'ble
Court seeking the indulgence of this Hon'ble Court to pass
a preliminary decree of partition determining the
respective shares of the parties as stated above. Therefore,
the parties are filing the present Joint application before
this Hon'ble Court for recording the statement of the
parties and thereafter passing of preliminary decree in
respect of above noted shares thereof."
4. A perusal of the application reveals that the terms and
conditions of the settlement are lawful. The parties have appended
their signatures to the present application, which are also duly
supported by affidavits. The parties are present in court today and
have duly agreed to the terms and conditions of the above-mentioned
settlement arrived at between them with respect to the subject
property. The undertaking is duly accepted. The parties are directed to
comply with the terms and conditions of the settlement elaborated
herein above, without demur.
5. Hence, in the interest of justice, with a view to apply quietus to
the protracted litigation between the parties, with respect to subject
property bearing No. 29, Church Lane, Bhogal Jangpura, New Delhi,
admeasuring 342 Sq. Yards; a preliminary decree of partition is passed
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:21.12.2022
17:32:15
2022/DHC/005716
ascertaining the shares of the parties, in view of the terms and
conditions elaborated hereinabove.
6. In view of the foregoing discussion, the present application is
allowed. Mr. Dhruv Arora, Advocate, having Enrolment
No.D/2083/2017, Mobile No.9810012712, is appointed as a Local
Commissioner, who shall file his report suggesting therein, the mode
of partition, by the way of metes and bounds.
7. The local commissioner may also take assistance of an
architect, if so required. The fee of the Local Commissioner is fixed at
Rs.1,00,000/- (Rupees One Lakh only) to be borne by the parties
equally, besides incidental and out of pocket expenses.
8. Learned counsel for the parties shall lend full assistance to the
Local Commissioner in carrying out the inspection and provide all
necessary documents/site plan, etc., as may be requested by the Local
Commissioner.
9. The commission shall be executed within 6 weeks from today
and report thereof be filed thereafter. Needless to say that learned
Local Commissioner shall put the parties to advance notice prior to his
visit/inspection of the property.
10. The report of the Local Commissioner be filed on the record of
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:21.12.2022
17:32:15
2022/DHC/005716
subject suit no. CS (OS) 373/2018 titled as "Ajay Kumar Singhal &
Ors vs Mange Ram Gupta & Ors." on or before the next date of
hearing, before the learned single judge i.e. 28.02.2023.
11. A copy of this order be sent to the Local Commissioner for
necessary information and compliance.
FAO (OS) 137/2022 CM APPL. 51506/2022 & CM APPL.
51507/2022
12. The present appeal is disposed of, in terms of the compromise
arrived at between the parties. All the pending applications stand
disposed of.
13. The Registry is directed to prepare a Preliminary decree sheet,
in terms of the order passed in CM APPL.53155/2022.
14. A copy of this order be provided to learned counsel appearing
on behalf of the parties and be also uploaded on the website of this
Court
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
DECEMBER 19, 2022/dn
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Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:21.12.2022
17:32:15
