Shri D.P. Mahajan and Anr. v. Shri Alok Mahajan and Ors.
Case brief
What is this about?
The Court held that since neither party proposed partition by metes and bounds, and the property could not be conveniently divided per the preliminary decree, a final decree for partition by sale and distribution of proceeds was passed, with an option for parties to purchase each other's shares inter se.
What did the court decide?
Final decree for partition of the property by sale and distribution of proceeds amongst parties as per preliminary decree, with liberty to purchase each other's shares and directions to maintain statu
What the court decided
$~16.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(OS) 365/2017 D.P. MAHAJAN AND ANR ..... Plaintiffs Through: Mr. Parag Tripathi, Sr. Adv. with Mr. Pragyan Sharma, Ms. Mishika
- Bajpai, Ms. Anandini Kumari and Mr. Rishabh Kaur, Advs.
versus
ALOK MAHAJAN AND ORS ..... Defendants Through: Mr. Rajesh Arya, Adv. for D-1, 6 to 9.
Ms. Priyanka Sharma Goswami and Ms. Snusuya Sadhu Sinha, Advs. For D- 2 to 5.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R
% 13.02.2018
- A preliminary decree for partition was passed on 29th November, 2017 and the counsels asked to inform by today, whether the property is divisible by metes and bounds and to put forth their proposals for the same.
Issues for consideration
3 issues framed by the court
Whether the property can be partitioned by metes and bounds given the lack of proposals from both sides and the terms of the preliminary decree.
Whether a final decree for partition by sale should be passed in the absence of a feasible physical division proposal.
What directions should be issued to maintain status quo until the decree of partition is executed.
Parties & counsel
- petitioner
D.P. Mahajan
- respondent
Alok Mahajan
Coram
Rajiv Sahai Endlaw
Case details
As recorded by the court registry
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