Disposed

Sunil Kumar Chaturvedi S/O Late Gopal Prasad Chaturvedi v. Anil Kumar Chaturvedi S/O Gopal Prasad Chaturvedi

Rajasthan HC17 Feb 2025CFA/1229/2024

Case brief

AI extract

What is this about?

First appeal against a decree concerning family property that had been auctioned for ₹90,31,000. Delay of 352 days was condoned. With consent, the appeal was disposed of affirming the decree, with directions for payment of one-sixth of the auction proceeds and execution of a registered instrument before the Sub-Registrar.

What the court decided

AI extract

Sunil Kumar Chaturvedi S/O Late Gopal Prasad Chaturvedi Vs Anil… — Partition | Rajasthan HC (2025)

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[2025:RJ-JP:6963]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 1229/2024

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Sunil Kumar Chaturvedi S/o Late Gopal Prasad Chaturvedi, Aged About 62 Years, R/o D-139, D.d.a. Flats, Jhilmil Colony Near Vivek Vihar Police Station, New Delhi

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----Appellant

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Versus

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Anil Kumar Chaturvedi S/o Gopal Prasad Chaturvedi, R/o Plot No. C-147, Ranjeet Nagar, Bharatpur At Present R/o 22 Jagdishpuri Near Chitrakoot Yojna, Jaipur

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Smt. Omvati Chaturvedi W/o Late Shri Gopal Prasad Chaturvedi, R/o C-147, Ranjeet Nagar, Bharatpur

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Dharmendra Chaturvedi S/o Late Gopal Prasad Chaturvedi, R/o C-147, Ranjeet Nagar, Bharatpur

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3/1. Smt. Monika Chaturvedi, R/o C-147, Ranjeet Nagar, Bharatpur

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3/2. Ayush Chaturvedi S/o Late Dharmendra Chaturvedi, R/o C-147, Ranjeet Nagar, Bharatpur

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3/3. Aryan Chaturvedi S/o Late Dharmendra Chaturvedi, Minor Through Natural Guardian Self Mother Smt. Monika Chaturvedi R/o C-147, Ranjeet Nagar, Bharatpur

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Nagina Chaturvedi W/o Prakash Chaturvedi D/o Late Gopal Prasad, R/o 640, Vlukeser Near Plaza Cinima, Ajmer

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Rashmi Chaturvedi W/o Mukesh Chaturvedi D/o Late Gopal Prasad Chaturvedi, R/o 92 Laxman Apartment Girnar Colony, Jagdish Marg, Gandhi Path, Vaishali Nagar, Jaipur

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----Respondents

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For Appellant(s)	: Mr.	D.D. Khandelwal
For Respondent(s)	: Mr.	Gaurav Chaturvedi

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

17/02/2025

[2025:RJ-JP:6963]

[CFA-1229/2024]

(2 of 3)

Office has pointed out a delay of 352 days and to justify the reasons, an application under Section 5 of the Limitation Act is filed.

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For the reasons mentioned in the application, same is allowed and delay is condoned.

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Misc. application stands disposed of.

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Learned counsel for the parties submits that in pursuant to judgment and decree dated 23.08.2023 in Civil Suit No. 22/2017 passed by learned Additional Sessions Judge No.3, Bharatpur, the property in question was auctioned and final price, which was fixed during open auction was ₹90,31,000/-.

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Learned counsel for appellant submits that he has already placed on record the documents relating to auction. 6. Learned counsel for respondent-plaintiff candidly admits that the auction price was same as mentioned by learned counsel for appellant.

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Learned counsel for appellant in presence of appellantdefendant No.2 submits that he needs two weeks’ time (15 days) to make 1/6th payment to plaintiff.

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Learned counsel for respondent-plaintiff agreed to aforesaid and submits that he has no objection in case, 1/6th payment of auction price be paid to him within two week (till 03.03.2025). Learned counsel for respondent-plaintiff also undertakes that as soon as the payment is made, the respondent-plaintiff No.1 will execute a registered instrument in favour of appellant-defendant No.2 or any other person as directed by appellant-defendant No.2 which includes highest bidder at the auction.

[2025:RJ-JP:6963]

[CFA-1229/2024]

(3 of 3)

In view of aforesaid submission, the instant civil first appeal is disposed of with consent of the counsel for appellant and respondent No.1 as under:-

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(i) The judgment and decree dated 23.08.2023 is hereby affirmed and the instant Civil First Appeal stands disposed of.

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(ii) The appellant-defendant No.2 will handover a demand draft of 1/6th price of sale proceed fetched in an auction already concluded on 03.02.2025, before the Sub-Regsitrar.

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(iii) The appellant and respondent No.1 will remain present before Sub-Registrar, Bharatpur at 12.00 PM (03.03.2025) for execution of instrument in lieu of 1/6th payment.

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In case, appellant failed to pay aforesaid amount or respondent No.1 failed to execute the document after tender of 1/6th amount by appellant then the parties are at liberty to move before the Trial Court for execution of the decree and the Trial Court will ensure execution of decree within 30 days after 03.03.2025.

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With aforesaid, the instant civil first appeal is disposed of.

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Office is directed to send a copy of this order after drawing a decree in accordance with terms between the parties.

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(ASHOK KUMAR JAIN),J

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GAURAV 84

Sunil Kumar Chaturvedi S/O Late Gopal Prasad Chaturvedi v. Anil Kumar Chaturvedi S/O Gopal Prasad Chaturvedi

Case brief

What is this about?

What the court decided

Sunil Kumar Chaturvedi S/O Late Gopal Prasad Chaturvedi v. Anil Kumar Chaturvedi S/O Gopal Prasad Chaturvedi

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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