Delhi High Court - Orders
(Stay) Manju Devi vs Lt. Col. Pavinder Ahluwalia & Ors on 3 November, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 24/2023 & CM APPL. 1503/2023 (for condonation of delay),
CM APPL. 1504/2023 (for permission), CM APPL. 31402/2023
(stay)
MANJU DEVI ..... Appellant
Through: Mr. K.C. Mittal, Mr. Y.R. Sharma,
Mr. Yugansh Mittal, Mr. Vaibhav
Yadav, Advocates [9911256665].
versus
LT. COL. PAVINDER AHLUWALIA & ORS. ..... Respondents
Through: Mr. Keshav H. Hegde, Advocate
for R-1.
Mr. Anil Sharma, Mr. Suraj
Kumar, Advocates for R-2.
Mr. K. Sultan Singh, Sr. Adv. with
Mr. Sarul Jain, Advocate for R-3
and 4.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 03.11.2023
1. The appellant assails a preliminary decree dated 29.08.2017 and a final decree dated 20.12.2017 passed in a partition suit between the respondents inter se.
2. The suit [Suit No. 653/2017] was filed by respondent Nos. 2, 3 and 4 herein, being the wife and children of respondent No. 1, against respondent No. 1 for partition of an immovable property described as the annexe of D-4, Defence Colony, New Delhi and rendition of accounts.
3. By the impugned preliminary decree dated 29.08.2017, it has been RFA 24/2023 Page 1 of 3 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 05/11/2023 at 00:45:24 declared that respondent Nos. 1, 3 and 4 are each entitled to 1/3rd share in the suit property. Respondent No. 2 [wife of respondent No. 1 and mother of respondent Nos. 3 and 4] has not been held entitled to a share of the property. By the final decree dated 20.12.2017, partition by metes and bounds has been ordered. Proceedings for execution of the decree are pending before the learned executing Court.
4. The appellant claims an interest in the property arising out of an agreement to sell dated 29.05.2010, between her late husband and respondent No. 1 herein. Her late husband filed a suit for specific performance originally in this Court, which has since been transferred to the learned Trial Court [Suit No. 11076/2016 in the Court of learned ADJ-07, South East District, Saket Courts, Delhi]. The suit remains pending. All the respondents herein are also parties to the appellant's suit for specific performance.
5. The decrees in the partition suit, which have been challenged in this appeal, have not been challenged by any of the parties to the partition suit. The interest of the appellant will crystallise if a decree is ultimately passed in her favour in the suit for specific performance. By order of the learned Trial Court dated 09.01.2023, the suit has been clubbed with the execution proceedings arising out of the impugned decrees.
6. In these circumstances, with the consent of learned counsel for the parties, the appeal, alongwith pending applications filed by the appellant, are disposed of with the direction that the execution proceedings arising out of the impugned decrees will be taken up for hearing after decision in the appellant's suit for specific performance. Learned counsel for the parties assure the Court that they will cooperate with the learned Trial RFA 24/2023 Page 2 of 3 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 05/11/2023 at 00:45:24 Court for expeditious disposal of the said suit. The learned Trial Court is also requested to endeavour to dispose of the suit within a period of nine months from today.
7. Learned counsel for the parties have raised various contentions on the merits of the matter. It is made clear that this Court has not adjudicated any of those contentions, which stand reserved for adjudication by the learned Trial Court.
PRATEEK JALAN, J NOVEMBER 3, 2023 "Bhupi"/ RFA 24/2023 Page 3 of 3 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 05/11/2023 at 00:45:25