Delhi High Court - Orders
Vijay Singh vs Varun Singh on 22 May, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 361/2019 & IA Nos. 9679/2019
VIJAY SINGH ..... Plaintiff
Through: Mr. H.L. Tiku, Sr. Adv. along with
Ms. Yashmeet Kaur and Mr. Rahul
Regmi, Advs.
versus
VARUN SINGH ..... Defendant
Through: Ms. Susha Unni, Adv. for D-1
(through v/c)
Mr. Vikash Kumar, Ms. Parul Manral,
Mr. Sangram Panghal and Mr. Ankit
Vashisht, Advs. for D-2 to 9.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 22.05.2023 IA No.9974/2019
1. This application seeks that Mr. Siddharth Singh Jhala (defendant no.8) be appointed as guardian ad-litem for Mr. Prabhavoday Singh Jhala (defendant no.9), who is his son and minor, aged about 10 years.
2. None of the applicants oppose the relief sought in the present application.
3. Accordingly, the present application is allowed and Mr. Siddharth Singh Jhala (defendant no.8) is appointed as guardian ad-litem for Mr. Prabhavoday Singh Jhala (defendant no.9).
CS(OS) 361/2019
4. Learned counsel appearing for the defendant nos.2 to 9 submits that the said defendants do not have any right or interest in the suit property.
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 24/09/2023 at 21:40:04 Affidavits in this regard have been filed by defendant nos.2, 3, 5, 6 and 7 vide diary nos.464043/2023 dated 13.03.2023 and by defendant nos.4, 8 and 9 vide diary no.675321/2023 dated 20.04.2023.
5. It is agreed by learned counsel for the plaintiff and learned counsel for defendant no.1 that the plaintiff's share in respect of the suit property is to the extent of Rs.1410 sq. yards and defendant no.1's share is to the extent of 500 sq. yards.
6. In view of the aforesaid admitted position, there is no impediment in passing a preliminary decree of partition declaring the respective share of the plaintiff and defendant no.1.
7. Accordingly, a preliminary decree is passed declaring that the share of the plaintiff in the suit property is to the extent of 1410 sq. yards and the share of defendant no.1 is to the extent of 500 sq. yards.
8. Respective counsel for the plaintiff and defendant no.1 are in agreement that since the property is in dilapidated condition, it is not expedient to divide the said property by metes and bounds. Respective counsel are in agreement that the property may be sold to a third party and the sale proceeds be divided amongst them in proportion to the respective shares.
9. Respective counsel further jointly request that to enable the plaintiff and defendant no.1 to work out the modalities with regard to the aforesaid, the parties may be referred to mediation.
10. Accordingly, at joint request, the plaintiff and defendant no.1 are referred to mediation under the aegis of Delhi High Court Mediation and Conciliation Centre. The plaintiff and the defendant no.1 shall be at liberty to participate in the mediation proceedings virtually. Let them appear before 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 24/09/2023 at 21:40:04 the Mediator on 30.05.2023 at 03.00 PM.
11. List for reporting outcome of mediation on 19.07.2023.
MAY 22, 2023/cl SACHIN DATTA, J 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 24/09/2023 at 21:40:05