Delhi High Court - Orders
Santosh Rani (Through Gpa Holder) ... vs Chand Bibi Aggarwal Dharmarth Trust on 1 April, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 352/2022 &, I.A. 17889/2022, I.A. 9754/2023
SANTOSH RANI (THROUGH GPA HOLDER) RAJEEV SETHI
..... Plaintiff
Through: Ms. Bhawana Pandey, Ms. Jia Kapoor
and Ms. Megha Bhaiya alongwith
plaintiff in person.
versus
CHAND BIBI AGGARWAL DHARMARTH TRUST ..... Defendant
Through: Mr. Attin S. Rastogi and Mr. Shivkant
Arora, Advocates for D-2.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 01.04.2024 Mediator's report dated 22.01.2024 records that mediation between the parties has ended as 'Not Settled'.
2. The plaintiff/Mr. Rajeev Sethi, defendant No.2/Mr. Harish Chandra Sethi and defendant No.3 (d)/Mr. Rajesh Sethi, are present in court.
3. The court has interacted with them and they are ad-idem that the property that is subject matter of the suit, referred to as Portion 'A' in para 8 of the plaint ('suit property'), is jointly owned by them, and that each of them has a 1/3rd share therein. This has also been so recorded in order dated 02.06.2022.
4. However, it appears that the parties are unable to come-up with a consensual solution as to the partition and separate possession of the suit property.
CS(OS) 352/2022 Page 1 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 23:38:07
5. In the circumstances, the parties pray that a Local Commissioner be appointed to assist them in undertaking partition of the property by metes-and-bounds, to enable them to best utilise their respective portions of the suit property.
6. Accordingly on oral prayer, Ms. Nishtha Jain, Advocate (Cellphone No.: +91 9599290860) is appointed as the Local Commissioner to visit the suit property and to assist the parties in coming-up with a resolution for partitioning and delineating separate possession of the suit property.
7. For this purpose, the parties and their counsel are directed to remain present at the time of the inspection of the suit property. All those present shall sign the on-spot proceedings.
8. The learned Local Commissioner is directed to visit the suit property and carry-out the commission within the next 10 days; and render a report within 02 weeks thereafter alongwith a site plan/map indicating the suggested partition of the suit property by metes-and-bounds, if such an agreement is arrived at between the parties; with copies to learned counsel for the parties.
9. The Local Commissioner is permitted to take photographs and/or videography if deemed necessary for the report.
10. In the course of the inspection, the learned Local Commissioner would also consider the suggestions made by the parties.
11. For carrying-out the commission, the learned Local Commissioner shall be entitled to a consolidated fee of Rs. 55,000/- in addition to out-of-pocket expenses that the learned Local Commissioner may incur, to be borne and paid-for equally by all three parties present in CS(OS) 352/2022 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 23:38:07 court today. Since more than one visit may be required for carrying- out the commission, the fee shall be paid upon completion of the last visit. However, the learned Local Commissioner shall not be called- upon to visit the suit property more than thrice. Any out-of-pocket expenses incurred by the learned Local Commissioner shall be reimbursed promptly upon the learned Local Commissioner raising a memo for that purpose.
12. Parties are directed to cooperate with the learned Local Commissioner. Any interference or non-cooperation in the execution of the commission by any party shall be viewed seriously.
13. Let a copy of this order be also communicated by the Registry to the learned Local Commissioner.
14. Awaiting the report of the learned Local Commissioner, re-notify on 29th July 2024.
I.A. 9377/2022 (under Order XXXIX Rule 1 & 2 CPC)
15. Though notice was issued on this application vide order dated 02.06.2022; and reply has been filed by defendant No.2, no further orders has been made on this application so far.
16. After a brief hearing in the matter, and after considering the circumstances obtaining in the matter, as also what is recorded above, by consent of parties, the application is disposed-of, directing all parties to maintain status-quo in relation to title and possession of the portions of the suit property of which they are in occupation.
17. Furthermore, as requested by the parties, it is clarified that the order of status-quo shall not stand in the way of the parties obtaining CS(OS) 352/2022 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 23:38:08 eviction of any of the tenants in the suit property, in accordance with law.
18. The application is disposed-of, in the above terms.
ANUP JAIRAM BHAMBHANI, J APRIL 1, 2024 V.Rawat CS(OS) 352/2022 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 23:38:08