KRISHNA LAKRA Vs. SATBIR SINGH DAHIYA

JUDGEMENT

(1.) IN this suit for partition, the preliminary decree was passed on 16.9.2008. By the last order dated 18.5.2012 parties agreed that the suit property cannot be partitioned by metes and bounds and will have to be sold. Once there is an order for sale of the property, a final decree will have to be passed.

(2.) I have had an occasion to consider this aspect in the judgment dated 3.9.2012 in CS(OS) No. 541/2003 titled as Shri Ashok Kumar Arora vs. Shri Om Prakash & Ors.. Paras 3 and 4 of the judgment are relevant and reproduced here-in-under:-

(3.) ACCORDINGLY a final decree is passed in terms of the preliminary decree as modified by me today above and also observing that property will have to be sold. Final decree be drawn up on the requisite non-judicial stamp duty being filed by the concerned party or any of the parties.