JAWAHAR LAL KHANNA Vs. SHRI JIA LAL KHANNA

JUDGEMENT

(1.) IN this suit a preliminary decree was passed on 14.5.2009 giving 1/3rd share to the plaintiff in the properties bearing No. B -III/31, Lajpat Nagar, New Delhi and XIII/2407 -15(New) Teliwara, near Sadar Bazar, Delhi. This preliminary decree has become final as appeal against the same has been dismissed by the Division Bench on 23.12.2011 with costs of Rs. 25,000/ -. The Local Commissioner has filed a report and it is reported that the property cannot be partitioned and should be acquired by the parties by internal auction among themselves.

(2.) IN view of the aforesaid position a detailed order was passed on 5.7.2012 which reads as under: -

(3.) THAT the defendant No. 1 has also filed an appeal against order dated 14.05.2009 being R.F.A. No. 70/2009 and the said appeal has been admitted by the Hon'ble Division Bench. In view of this the suggestion of the learned Local Commissioner that the suit property be sold by private auction amongst the parties to the suit failing which the property may be sold by public auction cannot be accepted.