Sudhir Kumar Mahajan Vs Adarsh Mahajan — Delhi HC (2026) — LawSathi Research

Sudhir Kumar Mahajan Vs Adarsh Mahajan — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Final decree passed for sale of the suit property and distribution of the sale proceeds amongst the parties as per their respective shares determined in the preliminary decree dated 29.01.2025; parties given three months to buy out each other's shares, failing which the decree may be executed; pending application (I.A. 3917/2021) disposed of and final decree sheet to be drawn.

Issue for consideration

Whether the suit property (no. C-57, East of Kailash, New Delhi - 110065) can be partitioned by metes and bounds amongst the parties to the suit having regard to their respective shares determined in the preliminary decree. +1 more

Court's answer

Partition of the suit property by metes and bounds is not possible, as shown by the Local Commissioner's report dated 14.03.2026 and as concurred in by learned counsel for the parties.

Ratio / Principle

Since the property is not amenable to partition by metes and bounds, the only option is sale; accordingly, a final decree is passed for the sale of the suit property and for distribution of the sale proceeds amongst the parties as per their respective shares already determined in the preliminary decree dated 29.01.2025.

Key takeaways

The parties are at liberty to buy out each other's share within a period of three months; if no consensus is reached within that period, the parties shall be at liberty to get the decree executed.ratio¶19

Detailed headnote1 paragraphs

Delhi High Court (Vikas Mahajan, J.), order dated 18.05.2026, CS(OS) 160/2021 & I.A. 3917/2021 - Sudhir Kumar Mahajan v. Adarsh Mahajan: After the preliminary decree of partition dated 29.01.2025 allotted each party a 1/7th share in property no. C-57, East of Kailash, New Delhi - 110065, a Local Commissioner appointed on 02.02.2026 reported (report dated 14.03.2026) that the property cannot be partitioned by metes and bounds, a view concurred in by counsel for all parties. Holding the property not amenable to partition by metes and bounds, the Court passed the final decree for sale of the suit property and distribution of the sale proceeds amongst the parties as per their shares fixed in the preliminary decree. The parties were given three months to buy out each other's shares; absent consensus, the decree may be executed. Pending application disposed of; final decree sheet to be drawn.

$~39

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CS(OS) 160/2021 and I.A. 3917/2021

SUDHIR KUMAR MAHAJAN .....Plaintiff Through: Mr. Mukesh Sharma and Mr. Dinesh Sharma, Advocates.

versus

ADARSH MAHAJAN .....Defendant

Through: Mr. Sanjay Sehgal, Mr. Shivesh Sehgal and Mr. Anil Kumar Vohra, Advocates for D1, D3, D4 and D5.

Mr. Rajinder Singh, Mr. Arjun Sharma and Mr. Anupam Jain, Advocates for D2. Mr. Kshitiz Garg, Local Commissioner.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R % 18.05.2026

A preliminary decree of partition was passed by this Court vide judgment dated 29.01.2025 declaring that each party to the suit will have 1/7^th share in the suit property bearing no. C-57, East of Kailash, New Delhi – 110065.

Subsequently, vide order dated 02.02.2026, a Local Commissioner was appointed by this Court to visit the property and to suggest as to whether the suit property can be partitioned by metes and bounds amongst the parties to the suit having regard to their respective shares.

Learned Local Commissioner has placed on record his report dated 14.03.2026. A perusal of the said report shows that partition of the property

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 20/05/2026 at 15:58:36

by metes and bounds is not possible. Even learned counsel for the parties are of the view that the property cannot be divided by metes and bounds.

In these circumstances, since the property is not amenable to partition by metes and bounds, therefore, the only option left is to sell the property. 5. Accordingly, final decree is passed for the sale of the suit property and for distribution of the sale proceeds amongst the parties as per their respective shares already determined in the preliminary decree dated 29.01.2025.

It is clarified that the parties are at liberty to buy out each other‟s share within a period of three months from today. If there is no consensus arrived at between the parties within a period of three months, parties shall be at liberty to get the decree executed.

Pending application stands disposed of.

The final decree sheet be drawn accordingly.

VIKAS MAHAJAN, J

MAY 18, 2026/ jg

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 20/05/2026 at 15:58:36