Disposed

Kuldeep Kaur and Ors. v. Gajinder Singh Khurana

Delhi HC1 Feb 2024CS(OS)/397/2018

Case brief

AI extract

What is this about?

In a partition suit, the defendant's Order VII Rule 11 CPC application raising limitation and adverse possession pleas was dismissed as infructuous since the preliminary decree stood confirmed on appeal. The court directed sale of the property, with liberty to either party to buy the other's share at market rate, and passed the final decree.

What the court decided

AI extract

Kuldeep Kaur and Ors. Vs Gajinder Singh Khurana — Partition | Delhi HC (2024)

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$~16

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 397/2018

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KULDEEP KAUR AND ORS ..... Plaintiffs

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Through: Mr. Udaibir Singh Kochhar, Mr. Utsav Garg & Mr. Pushkar Khanna, Advocates.

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versus

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GAJINDER SINGH KHURANA ..... Defendant

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Through: Mr. Anish Shrestha, Mr. Firoz Khan & Mr. T. Kipgin, Advocates.

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R % 01.02.2024

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I.A. 7494/2019 (u/O VII Rule 11 of CPC, 1908)

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By way of present application, the applicant/defendant seeks various pleas in regard to the maintainability of the suit itself is being bared by limitation and also the applicant/defendant had become an owner by way of adverse possession.

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Be that as it may, since the Preliminary Decree dated 26.04.2019 has already been confirmed by the Division Bench vide Order dated 09.12.2019 by dismissing the Appeal No. RFA(OS) 66/2019 filed on behalf of the defendant, the present application under Order VII Rule 11 of Code of Civil Procedure, 1908 has become infructuous having been filed after passing of the Preliminary Decree dated 26.04.2019.

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Accordingly, the present application is dismissed as not maintainable.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 22:41:47

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CS(OS) 397/2018

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Learned counsels for the parties submit that an option may be given to either party to purchase the share of either party before the suit property is sold in the open market.

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Considering that the suit property is not amenable to partition by metes and bounds as per the municipal laws, therefore, the suit property is directed to be sold and the proceeds therefrom shall be divided according to the respective share of the parties. However, before the suit property is sold in the open market, either party shall have the liberty to purchase the share of the other party on the prevailing market rate. In case, the public auction is done, the parties are at liberty to participate in the said process of auction.

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Accordingly, the Final Decree is hereby passed in the aforesaid terms.

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The Decree Sheet be prepared accordingly.

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NEENA BANSAL KRISHNA, J

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FEBRUARY 1, 2024 S.Sharma

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 22:41:47

Kuldeep Kaur and Ors. v. Gajinder Singh Khurana

Case brief

What is this about?

What the court decided

Kuldeep Kaur and Ors. v. Gajinder Singh Khurana

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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