KAMNI BALI Vs. OM PARKASH VAID

JUDGEMENT

(1.) HEARD counsel for the parties. This Court had on 26.10.2010 recorded a compromise whereby the parties mutually agreed to the respective shares in the suit property which is a 700 square yards plot located at Kirti Nagar. The Plaintiff in the original suit subsequently filed execution proceedings for giving effect to the compromise.

(2.) THE Court had, in the applications, moved in the suit i.e. 744/2009, directed the parties to file affidavits indicating valuation of the property for the purpose of inter -se -bidding on 26.07.2009. Parties have apparently filed affidavits even though the Plaintiff Om Prakash Vaid's affidavit was not on file, the court recorded the submissions made by his counsel in the case that the valuation of the property was Rs. 10.5 crores. The Defendant/judgment debtor had valued the suit at Rs.8.5 crores and filed affidavit. They also relied upon a valuation report which has been placed on the record. This Court on 30.08.2010, in the circumstances, fixed the valuation of the property at Rs. 10.5 crores, by a subsequent order, the terms for inter se bidding were spelt out.

(3.) IT is argued by the counsel for the Plaintiff/decree holder that the parties had in their compromise agreement -which is embodied in the Court order -agreed to put the suit property to public sale and the procedure adopted for inter -se -bidding is not in consonance with the decree. The Defendant/judgment debtor points out that the sale had to be undertaken by process of inter -se -bidding, which also fulfills the objective of the Partition Act, which is to ensure that if the parties are in a position to buy out the share or shares of either of them, that opportunity should be first explored and thereafter only family property be put to auction.