Delhi High Court - Orders
Jinesh Jain vs Amit Jain & Ors on 11 October, 2022
Author: Amit Bansal
Bench: Amit Bansal
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 60/2021
JINESH JAIN ..... Plaintiff
Through: Mr. Ashwin Vaish and Mr. Tarun,
Advocates
versus
AMIT JAIN & ORS. ..... Defendants
Through: Mr. Sujeet Beniwal, Advocate for
defendants No.1, 3 and 4
Mr. R.K. Agnihotri, Advocate for
defendant No.2
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 11.10.2022 I.A. ___________(to be numbered)
1. The present application has been filed on behalf of the plaintiff under Order XXII Rules 2, 4 & 9 of CPC seeking to implead the legal representatives of the deceased defendant no.4, being the mother of the plaintiff and the defendants no.1, 2 and 3.
2. Counsel for the plaintiff submits that the legal representatives of the defendant no.4 sought to be impleaded are already parties to the suit.
3. Counsel for the defendant no.2 has stated in his reply that there were three other sisters of the plaintiff and the defendants no.1, 2 and 3 who have not been impleaded as legal heirs.
Signature Not Verified Digitally Signed By:AMIT BANSALCS(OS) 60/2021 Page 1 of
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4. Counsel for the plaintiff submits that in the plaint it has specifically been stated that the aforesaid three sisters have executed a Relinquishment Deed dated 18th December, 2009 in favour of parties to the suit and this averment in the plaint has not been denied by the defendant no.2 in the written statement filed by him.
5. Therefore, I do not find any merit in the aforesaid submission of the counsel for the defendant no.2.
6. Accordingly, the legal representatives stated in paragraph 1 of the application are taken on record.
7. Amended memo of parties filed along with the application is taken on record.
8. The application stands disposed of in above terms. CS(OS) 60/2021
9. A preliminary decree dated 28th March, 2022 has already been passed in the suit defining the shares of the parties as 1/5th each in the suit property i.e. plot bearing no.56, land area measuring 300 square yards, Block B-2, Ashok Vihar, phase II, Wazirpur, Delhi-110052.
10. An appeal, being RFA(OS) 13/2022 was filed by the defendant no.2 against the aforesaid preliminary decree of partition dated 28th March, 2022, which has been dismissed by a Division Bench of this Court vide judgment dated 27th July, 2022.
11. Counsels for the parties submit that the suit property cannot be divided by metes and bounds.
12. Accordingly, a final decree of partition is passed in respect of the suit property i.e. plot bearing no.56, land area measuring 300 square yards, Block B-2, Ashok Vihar, phase II, Wazirpur, Delhi-110052, by sale of the Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 60/2021 Page 2 of Signing Date:11.10.2022 3 18:16:27 suit property and distribution of the sale proceeds between the parties as per their shares declared in the preliminary decree for partition dated 28th March, 2022. It is further ordered that the parties shall have the option of making inter se bids for purchase of each other's share in respect of the suit property. The party bidding the highest would be entitled to acquire the share of the other parties by making payment of the value of the share of the other parties against execution of transfer deed.
13. Decree sheet be drawn up accordingly.
AMIT BANSAL, J
OCTOBER 11, 2022
dk
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
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