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Vikas Jain Vs Brijwasi Infratech Pvt. Ltd. — Partition | Delhi HC (2019)

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Delhi HC
2019
Vikas Jain Vs Brijwasi Infratech Pvt. Ltd.Vikas Jain v. Brijwasi Infratech Pvt. Ltd.

Dismissed

Vikas Jain v. Brijwasi Infratech Pvt. Ltd.

Delhi HC10 Apr 2019RFA(OS)/87/2018

Case brief

AI extract

What is this about?

The appellant challenged the Single Judge's refusal to apply Section 4 of the Partition Act as the property was not a dwelling unit. The appellant abandoned the appeal and was permitted to approach the Single Judge for an offer to buy the respondent's share.

What did the court decide?

The appeal was dismissed as not pressed; the appellant was directed to approach the Single Judge to offer to buy the respondent's share.

What the court decided

AI extract

Outcome

The appeal was dismissed as not pressed; the appellant was directed to approach the Single Judge to offer to buy the respondent's share.

Detailed headnote1 paragraphs

The appeal under Section 4 of the Partition Act was dismissed as not pressed. The appellant was saved time from expending effort in the appeal proceedings and was instead directed to approach the Single Judge to offer the market price for the respondent's share in the property and consider it in accordance with law.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

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IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Judgment: 10^th April, 2019

RFA(OS) 87/2018 VIKAS JAIN ..... Appellant Through: Mr. A. Animesh Thakur, Advocate with appellant in person.

versus

BRIJWASI INFRATECH PVT LTD ..... Respondent Through: Ms. Shalini Kapoor and Mr. Dikshant Khanna, Advocates.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH

G.S. SISTANI, J. (ORAL)

RFA(OS) 87/2018 and C.M. Appl. No. 51741/2018

Challenge in this appeal is to the order dated 31^st October, 2018 passed by a learned Single Judge of this Court on an application filed by the appellant/defendant under Section 4 of the Partition Act. The learned Single Judge has reached to a conclusion that Section 4 of the Partition Act would not apply as the property in question is not a dwelling unit.

After some hearing in the matter, learned counsel for the appellant submits that the appellant will approach the single Judge as he has already filed a valuation report and he wishes to buy the share of the respondent at the market price. Ms. Kapoor submits that in case the market price is offered, the respondent will have no objection to sell their share in the property to the appellant herein.

RFA (OS) 87/2018

Page 1 of 2

Heard. Having regard to the submission made by counsel for the appellant the appeal is dismissed as not pressed.

It would be open for the appellant to approach the Single Judge and make such proposal which may be considered by the Single Judge in accordance with law.

The appeal is not pressed and disposed of in the above terms.

G.S.SISTANI, J

JYOTI SINGH, J

APRIL 10, 2019 rd

RFA (OS) 87/2018

Page 2 of 2

Parties & counsel

AI extract

appellant
Vikas Jain
respondent
Brijwasi Infratech Pvt Ltd

Coram

AI extract

G.S. Sistani
Jyoti Singh

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 10 Apr 2019 · April
Registered: 7 Dec 2018
Case no.: RFA(OS)/87/2018
CNR: DLHC015155092018
Topic: Partition
Bench: G.s.sistani Jyoti Singh

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Cite this judgement

Vikas Jain v. Brijwasi Infratech Pvt. Ltd., RFA(OS)/87/2018 (DEL), decided on 10 April 2019.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

G.S. Sistani and Jyoti Singh

Parties & counsel