[Cites 1, Cited by 0]
Delhi High Court
Padam Sagar Baveja vs Neeti Singh & Ors on 16 April, 2026
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:16th April, 2026
+ CS(OS) 934/2025, I.A. 31981/2025, I.A. 31982/2025 &
I.A.10326/2026
PADAM SAGAR BAVEJA .....Plaintiff
Through: Mr. Rishi Manchanda and Mr. Arun
Kumar, Advs. with plaintiff in person
M: 9911681178
versus
NEETI SINGH & ORS. .....Defendants
Through: Mr. Siddharth Mullick, Adv. for D-2
and 3 with D-3 in person
M: 9953903010
Mr. Sumeer Sodhi, Mr. Arjun Nanda
and Mr. Hardeek Goyal, Advs. for D-
1
M: 8800789007
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J. (ORAL):
1. The present is a suit for partition of the suit property, i.e., 3-BHK flat
bearing No. B-704, 7th Floor, Kedar Apartments, Sector-9, Rohini, Delhi-
110085, admeasuring about 1053 square feet.
2. The preliminary decree already stands passed on 19 th December, 2025
declaring the share of the plaintiff and the three defendants as 1/4 th share
each in the suit property.
3. The parties were referred to Mediation. However, this Court is
informed that the Mediation has failed, and the same is corroborated by the
Mediation Report dated 23rd March, 2026.
4. Since the suit property is a 3-BHK flat and there are four shareholders
to the said flat, the property cannot be divided by metes and bounds.
5. Learned counsels appearing for the plaintiff as well as for the
defendants are ad-idem that the property would have to be sold either
through inter se bidding/ private sale, and if the aforesaid fails, then through
auction.
6. Learned counsel appearing for the plaintiff submits that original title
deed of the suit property is missing and First Information Report ("FIR") has
been lodged in that regard. However, this Court is informed that the suit
property is a freehold property.
7. All the parties jointly request that a final decree be passed and a Local
Commissioner ("LC") be appointed for the purposes of carrying out inter se
bidding/private sale/auction.
8. Accordingly, the parties are directed to approach the concerned
authority to obtain the certified copies of the title documents of the suit
property.
9. It is directed that all the parties shall co-operate with each other in
obtaining the certified copies.
10. This Court is further informed that the defendant no. 11 filed a suit for
permanent injunction, i.e., Suit No. 17 CS DJ 920/2025 which is stated to be
pending in the Court of District Judge-III, North-West District, Rohini
Courts, Delhi.
11. This Court is also informed that vide order dated 26th November, 2025
in the said suit, it had been directed that third party rights shall not be
created in the suit property.
12. Since the parties are ad-idem that the suit property is to be sold, it is
clarified that the order dated 26th November, 2025 passed by the District
Judge-III, North-West District, Rohini Courts, Delhi in Suit No. 17 CS DJ
920/2025, shall not come in the way of sale of the present property.
13. Further, in view of the direction being passed by this Court, the
defendant no.1 herein is directed to withdraw the said suit, within a period of
two weeks, from today.
14. Accordingly, in view of the above and with the consent of the parties,
the following the directions issued:
i. Final decree is passed declaring the plaintiff and the three defendants
as having 1/4th share each in the suit property, i.e., 3-BHK flat bearing No.
B-704, 7th Floor, Kedar Apartment, Sector-9, Rohini, Delhi-110085.
ii. Ms. Prema Priyadarshini, Advocate (Mob: 9818107970) is appointed
as LC.
iii. In the first instance the LC shall conduct inter se bidding between the
parties. The parties shall be permitted to submit their respective inter se bids
to the LC in respect of the property.
iv. The parties will be at liberty to explore the possibility of the private
sale through mutual consent under the aegis of the LC. The efforts to
undertake the private sale/inter se bidding shall be concluded, within a
period of six weeks, from today.
v. In case the parties are unable to sell the property through inter se
bidding/ private sale, the LC will initiate the process of sale of the property
through public auction.
vi. The LC shall be at liberty to carry out the valuation from a
Government approved valuer in respect of the suit property.
vii. The LC shall conduct the public auction as per Order XXI Rule 66 of
the Code of Civil Procedure, 1908 ("CPC") read with Chapter XXIV of the
Delhi High Court (Original Side) Rule, 2018 and by following due
procedure. The LC would be competent to sell the suit property to the
highest bidder.
viii. The parties shall be entitled to participate in public auction and bid
personally.
ix. The auction/sale shall be conducted on the basis of the certified copies
of the title documents, since this Court has been informed that the original
title deed has been lost and an FIR in that regard has been lodged.
x. The parties shall cooperate with the LC in executing the Commission.
xi. The fees of the LC is fixed at Rs. 3 Lacs to be shared by the parties
equally.
xii. In addition, the fees of the valuer appointed by the LC as well as other
out-of-pocket expenses that may be incurred by the LC shall also be borne
by the parties equally.
xiii. The LC shall endeavor to complete the process expeditiously.
15. The Registry shall forward a copy of this order to the LC.
16. Let a Decree Sheet be prepared by the Registry of this Court in terms
of order passed today.
17. The Local Commissioner shall prepare a comprehensive report and
file the same.
18. It is clarified that the name of the husband of the plaintiff shall be read
as "Late Shri Gian Sagar Baveja" and not as "Gyan Sagar Baweja" as
recorded in the order dated 19th December, 2025.
19. The preset suit, along with the pending applications, is accordingly
disposed of in the aforesaid terms.
20. List before the Joint Registrar (Judicial) for compliance/further
directions on 21st July, 2026.
MINI PUSHKARNA, J
APRIL 16, 2026/KR
