Disposed

Rajiv Malhotra v. Sushma Bhambri & Ors.

Delhi HC9 Sept 2024FAO(OS)/124/2024

Case brief

AI extract

What is this about?

Appeal against appointment of Local Commissioners for partition inspection and evidence recording in a property suit. Counsel confined challenge to one commissioner holding both roles. The High Court appointed a separate advocate to inspect and report on division by metes and bounds, disposing of the appeal.

What did the court decide?

New Local Commissioner (Aman Tehlan, Advocate) appointed to inspect the property and report on divisibility by metes and bounds, on terms of the 05.08.2024 order.

Rajiv Malhotra Vs Sushma Bhambri & Ors. — Partition | Delhi HC (2024)

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$~94

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO(OS) 124/2024 & CAV 447/2024, C.M.Nos.52385-52386/2024

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RAJIV MALHOTRA .....Appellant Through: Mr.Anshuj Dhingra with Ms.Muskan Banga, Advocates.

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versus

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SUSHMA BHAMBRI & ORS. .....Respondents

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Through: None

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

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O R D E R % 09.09.2024

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Present appeal has been filed by appellant/defendant no.3, challenging the order dated 05^th August, 2024 passed by the learned Single Judge of this Court in I.A. No.31629/2024 in CS(OS) No.180/2019, whereby the Local Commissioner viz. Aditya Vaibhav Singh, Advocate was appointed to inspect the property at B-137, Ashok Vihar, Phase-I, Delhi, 110052 and to report if it is possible to divide the said property by metes and bound and another Local Commissioner viz. Shyam Kumar Tandon, Additional District and Sessions Judge (Retd.) was appointed to record the evidence of the parties. The appellant also challenges order dated 30^th August, 2024, whereby order dated 05^th August, 2024 was modified and Mr. Shyam Kumar Tandon was also appointed to inspect the property.

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After some arguments, learned counsel for the appellant confines his challenge to the order dated 30^th August, 2024. He contends that the same individual cannot be appointed as the Local Commissioner to record the

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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 11/09/2024 at 12:38:55

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evidence as well as to inspect the property and to suggest partition by metes and bounds.

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Though a Caveat has been filed by Mr.Praveen Suri, Advocate for respondent no.1/plaintiff, yet he is not present today.

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Keeping in view the limited relief sought by learned counsel for the appellant and the fact that the Local Commissioner’s report with regard to division of the property by metes and bounds is subject to challenge and the party challenging the same has the right to cross examine the said Local Commissioner, this Court deems it appropriate to appoint Mr.Aman Tehlan, Advocate (Mobile No.7015408123) as the Local Commissioner to inspect the property at B-137, Ashok Vihar, Phase-I, Delhi, 110052 and to report if it is possible to divide the said property by metes and bound. The Local Commissioner is appointed on the same terms and conditions as stipulated by the learned Single Judge vide order dated 05^th August, 2024 in CS(OS) No.180/2019.

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With the aforesaid directions, present appeal along with the applications stands disposed of.

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ACTING CHIEF JUSTICE

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TUSHAR RAO GEDELA, J

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SEPTEMBER 9, 2024 KA

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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 11/09/2024 at 12:38:55

Rajiv Malhotra v. Sushma Bhambri & Ors.

Case brief

What is this about?

What did the court decide?

Rajiv Malhotra v. Sushma Bhambri & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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