ASHOK KAMAL DECEASED Vs. PRABHAT KAMAL GUPTA

JUDGEMENT

(1.) The present two appeals assail Judgment dtd. 18/11/2024 passed by the learned Single Judge in I.A. No. 6709/2024 in CS(OS) 109/2016 and the communication dtd. 4/10/2023 issued by the Registry of this Court directing the parties to pay stamp duty for drawing up the decree in terms of a Memorandum of family settlement dtd. 25/11/2018 ("Memorandum of family settlement"). Since both appeals arise from the same impugned judgment and involve common issues, they are being decided by this common judgment.

(2.) The dispute pertains to property bearing No. 10, Friends Colony (West), Mathura Road, New Delhi (hereinafter referred to as "the Property"), which was purchased in the year 1957 by late Sh. Om Prakash Gupta and was treated as part of the Hindu Undivided Family comprising of himself and his two sons, Mr. Prabhat Kamal Gupta and Mr. Ashok Kamal Gupta. Upon his demise on 14/5/1994, under a Will dtd. 2/9/1993, his one-third share in the property, at its rear end, was bequeathed to his daughter namely Smt. Amita Rani Gupta. The specific portion of her share was acknowledged by the family and recorded in a Deed of Declaration dtd. 22/7/2004. Rest of the property remained jointly held by the two brothers, namely Mr. Prabhat Kamal Gupta and Mr. Ashok Kamal Gupta. The brothers attempted for division of the property but could not succeed and hence, CS(OS) 109/2016 for partition came to be instituted.

(3.) The learned Single Judge on 20/10/2016 passed a preliminary decree for partition and further on 8/5/2017 passed a final decree. He further found that partition by metes and bounds was not possible and accordingly directed for sale of the property and distribution of proceeds. At this stage the parties arrived at an oral settlement inter se on 22/11/2018, agreeing to effect partition by metes and bounds by accommodating each other. The said oral settlement was thereafter recorded in a Memorandum of family settlement.