VIMLA MOTWANI Vs. USHA AMBWANI

JUDGEMENT

(1.) The Decree Holder has filed the present petition for seeking execution of the consent decree dated 03.03.2014, passed in CS(OS) 2233/2014, whereunder the Decree Holder/plaintiff and the Judgment Debtor/defendant, who are sisters, had agreed that they are entitled to half share each in the suit premises, namely, Flat No.A-12/F, Munirka, New Delhi. They had further agreed that they would sell the flat and distribute the sale proceeds in equal share.

(2.) On the last date of hearing, it was noticed that after the final decree for partition by sale of the flat was passed, the parties had agreed to submit themselves to mediation but the mediation did not result in a settlement. However, both the parties had sought further time to arrive at a settlement through out of court inter se bidding. While adjourning the case for today, the Decree Holder was directed to produce the title documents of the suit premises and file an affidavit stating inter alia that the suit premises is free from all encumbrances.

(3.) Pursuant to the aforesaid order, an affidavit dated 05.11.2015 has been filed by the Decree Holder, wherein she has stated that the suit premises is free from all encumbrances and is lying vacant. The Decree Holder has also brought the title deed of the suit premises which has been examined by the Judgment Debtor. Counsel for the Decree Holder submits that in her affidavit, the Decree Holder has furnished the details of the expenses incurred by her towards the electricity, water, telephone, PNG Bills raised and the house tax in respect of the suit premises, which is to the tune of Rs.70,000/- (approx.).