Indu Singh And ANR. v. Prem Chaudhary And ORS.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1098/2005 & IA No.6541/2017 INDU SINGH AND ANR.

..... Plaintiffs Through : Mr.Y.P.Narula, Sr.

Adv.

with Ms.Tara Narula, Adv. for P-2 versus PREM CHAUDHARY AND ORS. AC+ ..... Defendants Through : None

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 08.08.2018 IA No. 8299/2018 The suit was disposed of vide order dated 12.07.2016 in terms of the compromise arrived at between the parties qua the immovable properties only. The direction was issued for drawing up the decree on payment of stamp duty. Vide order dated 02.01.2017 further directions were issued to the revenue authorities to submit the valuation of the subject property. Such valuation was filed and it is determined at Rs.12,66,14,000/- and the share of the applicant comes to Rs.4,22,04,666/-, hence it is prayed the applicant may be permitted to make the payment of the stamp duty proportionate to her share mentioned in the decree and in case the other co-sharers do not come forward to make the payment, the applicant may pay the entire stamp duty and decree be drawn. Notice of the application was issued to other co-sharers, who are also liable to pay their share of stamp

duty but no one has come forward and as such learned senior counsel for the applicant submits in any case the applicant would be paying not only for her share but also for co-sharers since the decree sheet cannot be drawn, till the payment of entire stamp duty and that she shall recover the stamp duty payable by co-sharers, as per law. The prayer is allowed. The decree sheet be drawn up by the Administrative Officer on payment of entire stamp duty. The application stands disposed of.

YOGESH KHANNA, J AUGUST 08, 2018 VLD