MANJEET KAUR Vs. AMARJEET KAUR

JUDGEMENT

(1.) This is an application moved by the parties, praying for directions to Registry to draw the decree in the suit in terms of Order dated 4.12.2002 without requiring filing of valuation report and supply of non-judicial stamp papers.

(2.) Facts in brief are as follows: The plaintiff filed a suit for partition and rendition of accounts, pleading that Kartar Singh was the absolute owner in possession of immovable properties (1) Two and a half storeyed building bearing No. C-4/6. Rama Pratap Bagh, Delhi, (2) Garage Nos. 9-10 at Gulabi Bagh, Delhi, and (3) Property No. C.W. 71, Sanjay Gandhi Transport Nagar, Delhi. He died on 4.4.1992 leaving behind Plaintiffs and defendant Nos. 2 & 4 (daughters), Smt. Amarjit Kaur (widow) and Karamjit Singh (minor son). Kartar Singh got married with defendant No. 1 after the death of his first wife. Plaintiffs and defendant Nos. 3 and 4 are children from the first wife. Plaintiffs prayed for a decree of partition, by metes and bounds of 1/6 share in the immovable properties. On 4.12.2002, an application was moved by the parties under Order XXIII Rule 3 read with Section 151 CPC, praying for disposal of the suit in terms of compromise. It was inter alia agreed that all the three suit properties shall be sold and out of the sale proceeds both the defendant Nos. 1 and 2, namely Amarjit Kaur and her son Karamjit Singh shall get 62% of the same and balance 38% shall be divided amongst four daughters (plaintiffs and defendant Nos. 3 & 4). The suit was decreed, as per the compromise. It was ordered that terms contained in the application shall form part of the decree. Thereafter Registry wrote to the parties requiring them to submit the valuation report of the properties from the approved valuer and for supply of requisite non-judicial stamp papers. On receipt of the letter, the parties moved the present application for directions to Registry to draw the decree without insisting upon the said requirement.

(3.) Looking to the nature of controversy involved Shri Suresh Singh, Advocate was appointed as Amicus Curiae. I have heard learned counsel for parties, learned Amicus Curiae and have been taken through the record.