High Court of DelhiCS(OS)/373/2018

Ajay Kumar Singhal & ORS. v. Mange Ram Gupta & ORS.

2026-03-23Hon'Ble Ms. Justice Mini Pushkarna8 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 373/2018 & I.A. 10085/2018, I.A. 4843/2019, I.A. 18864/2022, I.A. 30805/2025 AJAY KUMAR SINGHAL & ORS.

.....Plaintiffs Through:

Mr.

Naveen Sharma, Adv.

(M:9718187187) versus MANGE RAM GUPTA & ORS.

.....Defendants Through:

Mr. Abhinav Sharma, Mr. Ujjwal Jain, Advocates for D-1 (M:9810382091) Mr. Ashok Kumar, Advocate for D-2 to 4 (M:9811771410) Mr. A.M. Nair, Advocate for D-5

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 23.03.2026 1.

Learned counsel for the plaintiff and the defendants jointly submit that final decree can be passed in the present matter. 2.

The present suit has been filed seeking partition, declaration and permanent injunction in respect of immovable property bearing no. 29, Church Lane, near Sultan Halwai, Bhogal, Jangpura, New Delhi-110014. 3.

During the pendency of the present proceedings, disputes between the parties were amicably resolved and the Division Bench in FAO (OS) 137/2022 passed a preliminary decree dated 19th December, 2022, whereby, half undivided share measuring 171 Sq. yards in suit property was declared in favour of the plaintiffs and the defendant nos. 1 to 4 collectively. The remaining half undivided share measuring 171 Sq. yards was declared in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

favour of defendant no. 5.

Subsequently, Local Commissioner was appointed to effect partition and pursuant thereto, the Local Commissioner had submitted the Report dated 16th February, 2023, along with a site plan, delineating the respective portions and possession of the parties.

Since in the report, the Local Commissioner had observed that physical partition of the suit property by metes and bounds was not feasible, the Local Commissioner had recommended sale of the property by way of inter se bidding amongst the co-sharers in terms of the provisions of the Partition Act, 1893.

Accordingly, vide order dated 17th September, 2025, this Court had appointed another Local Commissioner to conduct inter se bidding between the plaintiffs and defendant nos. 1 to 4, as defendant no. 5 had made a statement before the Court that his half share stood identified in terms of the earlier report of the Local Commissioner dated 16th February, 2023, and therefore defendant no. 5 did not wish to participate in the bidding process. 7.

Prior to participation in the inter se bidding process, the plaintiffs and defendant nos. 1 to 4 have mutually partitioned their half undivided share th and have executed a Memorandum of Understanding ("MOU") dated 08 January, 2026, recording the terms of their inter se arrangement. th 8.

The MoU dated 08 January, 2026 is before this Court and the relevant portions of the same read as under:

"xxx xxx xxx 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.

xxx xxx xxx"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Accordingly, final decree is passed in the present case in the aforesaid terms of the MoU, wherein, the plaintiff and defendant nos. 1 to 4 have mutually partitioned their half undivided share. 10.

As regards the half share of defendant no. 5, the same already stands delineated in terms of the Local Commissioner Report dated 16th February, 2023.

11.

The parties are at liberty to deal with their respective portions of the property in a lawful manner.

12.

Registry is directed to prepare a final decree in terms of the aforesaid. 13.

The present suit is accordingly disposed of.

14.

Pending applications are also disposed of.

MINI PUSHKARNA, J MARCH 23, 2026/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.