Delhi High Court - Orders
Sikander Sachdeva vs Yash Pal Sachdeva & Ors on 17 November, 2022
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 398/2018 & I.As. 10800/2018, 3475/2019
SIKANDER SACHDEVA ..... Plaintiff
Through: Ms. Neha Kapoor, Advocate
versus
YASH PAL SACHDEVA & ORS. ..... Defendants
Through: Mr. Bharat Deep Singh, Ms.
Sonil Yadav, Advocates for D-
1&2
(M:9911770005,email:bharatde
[email protected])
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 17.11.2022 [Physical Hearing/ Hybrid Hearing]
1. In the present case a preliminary decree dated 08.08.2019 has been passed. The present case relates to two properties which are as follows:
(a) Property bearing no. C-9/95, First Floor, Sector 8, Rohini, Delhi (hereinafter referred to as "Rohini property")
(b) Property bearing Flat No. AC-1/178C, Shalimar Bagh, Delhi-110088 (hereinafter referred to as "Shalimar Bagh property").
2. The present suit is a suit for partition wherein all the three brothers are parties and claiming partition of the suit properties. It is informed that all three brothers are staying in the Rohini property and Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:24.11.2022 12:15:46 are in possession of their respective shares. It is further informed that as regards basement and terrace, the parties have still not come to any settlement. Ld. counsel appearing for the plaintiff submits on instructions from the plaintiff, who is present in court, that plaintiff is ready to purchase the basement and terrace rights of the Rohini property at the market rates.
3. In view of the aforesaid, let Valuation Report of the terrace and basement of the Rohini property be filed by SDM, Rohini. Parties are directed to take up the matter with SDM, Rohini for the purposes of filing of the Valuation Report with respect to terrace and basement of the property bearing No. C-9/95, First Floor, Sector 8, Rohini, Delhi.
4. Notice be issued to SDM, Rohini with directions for filing the Valuation Report as aforesaid.
5. The other property of Shalimar Bagh, has again fallen to share of defendant No.1 and plaintiff. Ld. Counsel for plaintiff on instructions from the plaintiff, who is present in court, submits that the plaintiff has a buyer for the Shalimar Bagh property. The parties are directed to go ahead with sale of the property to the buyer as brought by the plaintiff. In case defendant No. 1 has a buyer who is willing to purchase the suit property at a higher value than the buyer of the plaintiff, parties may go ahead with sale to the buyer who is willing to give higher value of the property. Both the parties are directed to resolve the issue with respect to sale of the Shalimar Bagh property and proceed with the same after mutual discussion with each other.
6. It is expected that both the parties shall deal with the said issue expeditiously and preferentially within a period of four weeks from Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:24.11.2022 12:15:46 today.
7. List on 27.01.2023.
MINI PUSHKARNA, J NOVEMBER 17, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:24.11.2022 12:15:46