RAKESH RAWAT Vs. RAJESH KUMAR RAWAT

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial court dated 29.5.2010 passing a final decree determining the value which shall be payable by the respondent No. 1 / plaintiff to the appellants / defendants. The preliminary decree declaring shares of the parties in the various properties was passed earlier vide judgment and decree dated 1.5.2009, and which judgment admittedly has become final because the same was never challenged by any of the parties.

(2.) By the preliminary decree dated 1.5.2009 a decree was passed declaring the respondent No. 1/plaintiff as entitled to 4/6th share in the first suit property i.e. D-63/1, Vijay Colony, Near Usmanpur, 3rd Pusta, Shastri Park, Delhi - 110053. The respondent No. 1 / plaintiff was also held entitled to a 2/3rd share in the second suit property i.e. D-75, Vijay Colony, Near Usmanpur, 3rd Pusta, Shastri Park, Delhi - 110053. The appellants / defendant Nos. 1 and 2 were entitled to 1/6th share in the first property and 1/3rd share in the second property. In the second property only the defendant No. 2 was held entitled to 1/3rd share in the property.

(3.) A local commissioner was appointed after passing of the preliminary decree, however, in view of the dissatisfaction of both the parties to the report of the local commissioner, the report of the local commissioner was rejected by the court vide order dated 26.5.2010.