Ms Neerja Ranee Pahwa v. Shri Mohan Chopra

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 471/2021, I.A. 12862/2021, I.A. 12864/2021, I.A. 18447/2023 I.A. 18820/2023, I.A. 19322/2023 & I.A. 7032/2024 MS NEERJA RANEE PAHWA .....Plaintiff Through:

Mr. Sameer Dewan, Adv.

versus SHRI MOHAN CHOPRA .....Defendant Through:

Ms. Ayushi Srivastava, Adv.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 26.11.2024 1.

The preliminary decree of partition was passed by this Court vide judgment dated 24.07.2024 with regard to the suit property bearing no. C-3/13 SDA Safdarjung Development Area, New Delhi whereby the share of the plaintiff, as well as, defendant was declared to the extent of 50% each. 2.

The learned counsels appearing on behalf of the parties are ad idem that the suit property consists of only one floor at the ground level and the same is not amenable to partition by metes and bounds. 3.

Since, the property is not amenable to partition by metes and bounds, therefore, the only option left is to sell the property. 4.

In the above circumstances, it is hereby directed that the suit property be sold by auction and the sale proceeds be distributed amongst the parties as per their respective shares already determined in the preliminary decree dated 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 03/12/2024 at 10:21:28

24.07.2024.

5.

It is clarified that before holding Court auction, the parties are at liberty to buy out the share of other party. Further, the parties are also at liberty to sell the property jointly by virtue of a private sale. 6.

If there is no consensus arrived at between the parties within a period of five months, the suit property will be sold through auction and the proceeds will be divided amongst the parties. The final decree of partition is passed in the above terms.

7.

The decree sheet be drawn accordingly.

VIKAS MAHAJAN, J NOVEMBER 26, 2024 N.S. ASWAL 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 03/12/2024 at 10:21:28