Vivek Narain Pal v. Sumitra Pal
$~2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 247/2020 & CM APPL. 7515/2020& CM APPL. 8713/2023 & CM APPL. 21534/2023 & CM APPL. 24184/2023 & CM APPL. 61665/2024 & CM APPL. 66047/2024&CM APPL. 1650/2025 VIVEK NARAIN PAL .....Petitioner Through:
Mr.
S.K.
Bhaduri and Ms.
Shreyangana Bag, Advocates versus SUMITRA PAL .....Respondent Through:
Ms. Sumati Anand and Mr. Sandesh Kumar, Advocates Mr. Vikram Jetly, CGSC with Ms.
Shreya Jetly, Advocate for L&DO + CM(M) 328/2021 & CM APPL. 14389/2021 VIVEK NARAIN PAL .....Petitioner Through:
Mr.
S.K.
Bhaduri and Ms.
Shreyangana Bag, Advocates versus SMT SUMITRA PAL .....Respondent Through:
Ms. Sumati Anand and Mr. Sandesh Kumar, Advocates
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 05.08.2025 1.
The present litigation is, essentially, between the two siblings i.e. brother and sister.
2.
The sister had filed a suit for partition way back in the year 2006 and, eventually, the learned Trial Court came to the conclusion that it will not be possible to partition the property horizontally and wanted to find out whether CM(M) 247/2020 & CM(M) 328/2021 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
one of the parties would be willing to buy the share of the other, on the basis of reasonable valuation.
3.
Intriguing aspect of the case is, however, that the property in question is lease-hold and has not yet been converted into freehold. 4.
Learned counsel for respondent/sister Ms. Sumitra Pal submits that her client has no reservation in this regard and she is ready to do the needful but the sole difficulty is the non-cooperation coming from the side of her brother. 5.
During course of the arguments, Mr. Bhaduri, learned counsel for petitioner submitted that there was always requisite cooperation in this regard from his side. He also submits that in any case, petitioner herein is visiting India from Finland in the month of October, 2025. He submits that he would transmit the entire travel details including copy of his e-ticket so that the respondent also makes her programme during the same period and duration so that once they sit together, they take appropriate steps so that the property in question can be converted into freehold.
6.
Learned counsel for the petitioner submits that he would extend best cooperation in this regard and would send due intimation to learned counsel for respondent so that the respondent also makes her programme accordingly. He thus does not press his petitions.
7.
Let due intimation in this regards be sent electronically preferably four weeks in advance so that respondent is in a position to plan her travel arrangements accordingly. Learned counsel for respondent also assures that respondent would also do the needful.
8.
Both the petitions are disposed of as not pressed in aforesaid terms and both the parties are requested to appear before the learned Trial Court on 11.08.2025 at 2.00 PM.
CM(M) 247/2020 & CM(M) 328/2021 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
This Court expects that both the parties shall take requisite steps in the matter so that the property is converted into freehold, without any further delay and, thereafter, further steps are also taken as per directions to be passed by the learned Trial Court.
10.
A copy of this order be given dasti under the signatures of the Court Master.
MANOJ JAIN, J AUGUST 5, 2025/dr/shs CM(M) 247/2020 & CM(M) 328/2021 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.