ANANT VERINDER SINGH Vs. INDERJEET SINGH

JUDGEMENT

(1.) The present appeal under Sec. 96 of the Civil Procedure Code, 1908 seeks to assail the judgment and decree dtd. 26/7/2016 passed by the learned Single Judge in CS (OS) 874/2002. Vide impugned judgment, the learned Single Judge, after considering the report submitted by the learned Local Commissioner appointed pursuant to the Preliminary Decree dtd. 13/7/2012, came to a conclusion that the suit property could not be divided by metes and bounds. Consequently, a final decree for partition of the suit property being D-57, Defence Colony, New Delhi-110024 has been passed by directing the sale of the property and distribution of the sale proceeds thereof, in favour of the parties as per their respective shares in accordance with the Preliminary Decree.

(2.) The learned Single Judge has further granted liberty to both parties to participate in the sale by submitting their respective bids for purchase of the suit property. Vide the impugned judgment, the parties have been restrained from inducting any third party in the possession of the property or from doing any such act as may be an impediment in the sale thereof.

(3.) We may note that the present appeal has been filed alongwith an application seeking condonation of 1147 days delay in re-filing of the appeal. The appellant, who is appearing in person, submits that the delay in re-filing of the appeal was bona fide as he was first pursuing his challenge to the Preliminary Decree before the Apex Court after his appeal against the same was rejected by the Division Bench. Upon the said Special Leave Petition being dismissed by the Apex Court, he claims to have raised objections in accordance with Sec. 47 of the Civil Procedure Code, 1908 to the execution of the impugned decree a also the Preliminary Decree for partition in the execution proceedings initiated by the respondent/ plaintiff.