Shri Charanjit Singh v. Harvinder Singh & ORS

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 921/2015 SHRI CHARANJIT SINGH ..... Plaintiff Through Mr. Neeraj Yadav, Advocate versus HARVINDER SINGH & ORS ..... Defendants Through Mr. Veerendra Kumar Sinha, Advocate for defendant no.1.

Mr. Kumar Vikram, Advocate for defendant no.2.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

O R D E R

% 18.10.2016 Plaintiff has filed the present suit for partition and permanent injunction with respect to property measuring 57.5 sq. yds bearing no.C-6, Jhilmil Colony, Shahdara, Delhi along with the superstructure built thereon consisting of Ground Floor and First Floor.

The parties to the present suit are four brothers and three sisters. It is not disputed that the father of the parties Late Shri Gian Singh, who died on 04.02.2001 was the sole and absolute owner of the suit property leaving behind the parties to the present suit. Late Shri Gian Singh died intestate, as such upon the demise of Late Shri Gian Singh, all his legal heirs became the co-owners of the suit property.

Accordingly, as prayed, the shares of the parties are defined as 1/7 each. Counsel for the parties after some hearing submit that no useful purpose will be achieved in appointing a Local Commissioner to suggest the mode of partition as the property in question comprises of only 57.5 sq. yds.

As prayed, a decree is passed defining the shares of the parties at 1/7 each. Parties agree to endeavour to sell the property within six months. In case, the parties are unable to sell the property, any of the parties may approach the Court by filing an execution petition for sale of the suit property. The suit is decreed. Decree sheet be drawn up accordingly. I.A.6921/2015 also stands disposed of.

G.S.SISTANI, J OCTOBER 18, 2016 pst CS(OS) 921/2015 2/2