Allowed the plaintiff's application for a final decree of sale and distribution of sale proceeds on the properties forming Maharaja Lodge after the preliminary decree, as the properties were indivisible by metes and bounds.
Final decree of sale of the properties and distribution of sale proceeds as per shares declared.
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Versus
NIRVESH BAHADUR MATHUR & OTHERS ..... Defendants Through: Mr. Sudhanshu Batra, Sr. Adv. with Mr. Siddarth Mehra & Mr. Aditya Mishra, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
declaring the plaintiffs to be having 25% share therein and the defendant no.1 and defendant no.2 to be having 37½% share each in the said properties.
CS(OS) 289/2016
Page 1 of 2
is passed, of sale thereof and of distribution of sale proceeds amongst the parties as per shares declared in the preliminary decree for partition. However, before sale to an outsider, the parties shall be entitled to make inter se bids, with the party/parties, whose bid is the highest, becoming entitled to purchase the share of other parties. It is further ordered that on sale, the party / parties in possession shall deliver vacant, peaceful, physical possession to the purchaser and if fail to do so, shall be liable to be dispossessed therefrom as if in pursuance to a decree for partition.
RAJIV SAHAI ENDLAW, J.
DECEMBER 07, 2018 „gsr‟..
CS(OS) 289/2016
Page 2 of 2
1 issue framed by the court
Whether a final decree for sale and distribution of proceeds is appropriate as the properties are indivisible by metes and bounds.
RAJIV SAHAI ENDLAW
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
