MANMOHAN NATH KAPOOR Vs. JAGMOHAN NATH KAPOOR

JUDGEMENT

(1.) Since learned counsel for the respondent/caveator has entered appearance, the caveat stands discharged.

(2.) THE parties to the suit are brothers both aged over 80 years. The shares in the property are not disputed as 50% each. An endeavour to partition the property has proved to be futile and the report of the local commissioner in that behalf has already been filed and accepted. There are two appeals before us, one directed against the rejection of the objections to the report of the local commissioner and the other directing public auction of the property.

(3.) THE other appeal is directed against the rejection of the application filed by the appellant suggesting other alternative modes for division of the property. The matter has gone twice to the Delhi High Court Mediation and Conciliation Centre, but there has been no settlement. All different proposals have been explored but unsuccessfully as there is no trust inter se the parties.