Delhi High Court
Ashok Kumar Gupta (Since Deceased) ... vs Suresh Chand Gupta (Since Deceased) ... on 8 May, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 08.05.2025
+ RFA(OS) 26/2025
ASHOK KUMAR GUPTA (SINCE DECEASED) THROUGH
HIS LRS. .....Appellant
Through: Mr.M.B.Harikant, Adv.
versus
SURESH CHAND GUPTA (SINCE DECEASED) THROUGH
HIS LRS. .....Respondent
Through: Nemo
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MR. JUSTICE MANOJ JAIN
NAVIN CHAWLA, J. (ORAL)
CM APPL. 28012/2025 (Exemption)
1. Allowed, subject to all just exceptions.
RFA(OS) 26/2025 & CM APPL. 28011/2025, 28013/2025
2. This appeal has been filed by the appellant, praying for the
following relief:
"a) allow, the present Memorandum of
Appeal and "Modify" or "Vary" the
Judgment, Order and Decree passed in CS
(OS) No. 2846 of 2014, dated 16/11/2022, up
to the extent of partition by metes and bounds,
in the suit property, as per the respective
shares/portions and physical possession
mutually agreed and divided between the
original parties to the suit, since the beginning
of construction of the suit property during life
time of original parties in the suit;
(Modification or Varying the said Judgment,
Order and Decree dated 16/11/2022, is prayed
for, up to the extent of partition, instead of
selling both the portions in the suit property
jointly)."
3. The appeal has been filed with a delay of 865 days.
4. The order dated 16.11.2022 reads as under:
"1. Vide order dated 28th July, 2022, a Local
Commissioner was appointed to determine
whether the suit property can be partitioned by
metes and bounds.
2. A report has been filed by the Local
Commissioner, in terms of which it has been
agreed between the parties that the property
should be jointly sold and the proceeds
thereof be divided between the parties.
3. Accordingly, a final decree of partition of
property No. ND-31, Pitampura, Delhi --
110034 is passed, of sale of the property and
by distribution of the sale proceeds in terms of
the preliminary decree passed by this Court on
1st October, 2018, whereby the plaintiff shall
be entitled to 50% share of the sale proceeds
and the legal heirs of the original defendant
collectively shall be entitled to 50% share of
the sale proceeds.
4. It is further agreed between the parties that
the parties shall jointly sell the property and
shall have the liberty to bring their own
purchasers for the sale of the suit property,
with the property being sold to the purchaser
quoting the highest price.
5. No costs.
6. Decree sheet be prepared.
7. All pending applications stand disposed of."
(Emphasis supplied)
5. A reading of the above would show that there was a settlement
of disputes between the original plaintiff and original defendant and
the above order was passed with the consent of the parties.
6. The appellants are the legal heirs of the defendant in the Suit.
There appears to be some disputes between the legal heirs of the
original defendant, and for their inter se disputes, the legal heirs of
original defendant cannot re-open the Decree.
7. Even otherwise, we find no reason to condone such a huge
delay in filing the appeal.
8. The appeal is accordingly dismissed, both on account of delay
and for lack of merits. Pending applications are also disposed of.
NAVIN CHAWLA, J
MANOJ JAIN, J
MAY 8, 2025/Arya/VS
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