BISHWAJEET SINGH Vs. BIKRAMJIT SINGH

JUDGEMENT

(1.) THE CONTROVERSY ON MAINTAINABILITY : The present execution proceedings under Order 21 Rule 11 of CPC arise from final judgment and decree [The formal decree has not been drawn up as yet, thus last paragraph of the judgment is treated as a decree, in light of the judgment of the Supreme Court in Sir Sobha Singh and Sons Pvt. Ltd. v. Shashi Mohan Kapur (deceased through L.R.) in C.A. No. 534/2019. The reference to the word "decree" in the judgment is to be read accordingly.] dtd. 1/10/2007 [hereinafter, 'Decree'] deciding a suit for partition of property bearing No. 54, Friends Colony East, New Delhi-110065, admeasuring 3860 sq. yards [hereinafter, 'suit property']. As per the Decree, the suit property has to be auctioned and sale proceeds have to be apportioned among the parties, as per their respective shares.

(2.) For convenience, the parties to this execution petition and their respective shares are noted below:

(3.) Contrary to the mandate of the Decree, Decree Holders [hereinafter collectively, 'DHs'], seek immediate and exclusive physical possession and partition of their 50% share (in the freehold property) by metes and bounds, contending that the Decree stands modified vide order dtd. 5/11/2019 passed by the Division Bench [hereinafter, 'DB Order']. [In FAO(OS) 514/2010 titled Madhuri Singh v. Bikramjit Singh and Ors.] The prayer clause for seeking court's assistance in executing the decree, reads as follows: