In an execution petition regarding a suit property, the court allowed an application to cancel a scheduled auction. The dispute was resolved via a Mutual Settlement Agreement (MoU) between the decree holder and judgment debtor No. 3, negotiated a 80% vs 20% share split.
To cancel the auction; to record the MoU; and to dispose of the execution petition as satisfied.
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.
$~6
versus
JINESH JAIN & ORS. ..... Judgement Debtors Through Ms. Radha, Proxy Counsel for Ms. Malika Arora, Advocate for JD-3 Mr. Sanjeev Mahajan, Court Commissioner
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R % 02.07.2024
EX.APPL.(OS) 966/2024
2.1. He states that the Decree Holder holds as an owner 4/5th undivided share in the suit property.
2.2. In this regard, he states that the Decree Holder acquired 1/5th undivided share of the suit property from his deceased mother Late Smt.
EX.P. 37/2023
Page 1 of 4
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 23/07/2024 at 14:21:19
Sushma Jain vide gift deed dated 24.04.2012. Further, 1/5th undivided share in the suit property has been acquired by the Decree Holder vide sale deed dated 21.02.2024 executed by the Judgement Debtor No. 2 in his favour and lastly another 1/5th undivided share in the suit property has been acquired by the Decree Holder vide sale deed dated 11.06.2024 executed by the Judgement Debtor No. 1 in his favour.
2.3. He states that the Decree Holder was entitled to 1/5th undivided share in his own right and in this manner after accounting for the gift deed dated 24.04.2012 and sale deeds dated 21.02.2024 and 11.06.2024, the Decree Holder as on date has 4/5th (or 80%) undivided share in the suit property having acquired the shares of Judgement Debtor Nos. 1 and 2 as well as late Smt. Sushma Jain.
2.4. He states that the Judgement Debtor No. 3 holds the remaining 1/5th (or 20%) undivided share in the suit property.
2.5. He states that Judgement Debtor No. 3 is in joint possession of the suit property alongwith the Decree Holder as on date.
2.6. He states that the Decree Holder and Judgement Debtor No. 3, who are the only remaining co-owners of the property in the ratio of 80:20 have entered into memorandum of understanding (‘MoU’) dated 17.06.2024 pertaining to the use and occupation of the suit property.
2.7. He states that as per this MoU, the parties have agreed that the existing super-structure will be demolished and in the newly reconstructed super-structure, Judgement Debtor No. 3 will have exclusive rights to the 4th Floor alongwith the terrace except for the portion of the terrace required for providing essential common services to the remaining floors in the building. 2.8. He states that though the aforesaid exclusive rights of the terrace are
EX.P. 37/2023
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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 23/07/2024 at 14:21:19
not specifically mentioned in the MoU dated 17.06.2024; however, this is the clear and express understanding between the parties. The Decree Holder, who is present in Court and identified by his counsel confirms this understanding with respect to terrace rights.
2.9. He states that the aforesaid MoU dated 17.06.2024 be taken on record and the execution petition be disposed recording that the final judgment and decree dated 11.10.2022 passed in CS(OS) 60/2021 stands satisfied.
EX.P. 37/2023
Page 3 of 4
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 23/07/2024 at 14:21:19
the MoU. The auction scheduled on 03.07.2024 stands cancelled.
EX.P. 37/2023
MANMEET PRITAM SINGH ARORA, J
JULY 2, 2024/ rhc
EX.P. 37/2023
Page 4 of 4
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 23/07/2024 at 14:21:19
Amit Jain
Jinesh Jain
Manmeet Pritam Singh Arora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
