RADHEY SHYAM Vs. PREM WATI & ORS

JUDGEMENT

(1.) None appears for Respondent Nos.1 to 8 despite service. By the impugned judgment and decree dated 13th October, 2016, the property bearing no.752-S, Scooter Market, Jheel Khuranja, Delhi (hereinafter 'suit property') has been directed to be sold through public auction and the parties have been directed to be entitled to 1/8th share. Despite service, none appeared for Respondent Nos.1 to 8. It is noticed from the order sheets that for many hearings Respondent Nos.1 to 8 have not been appearing. Accordingly, they are proceeded ex-parte.

(2.) The present appeal assails the impugned judgement and decree dated 13th October, 2016 in a suit for partition in respect of the suit property. The trial court has passed a decree of partition in the following terms:

(3.) The only submission of the learned counsel for Appellant assailing the impugned judgment is that the property is a lease-hold property from the DDA and the lease expired in the year 2008. Thus, according to him the property could not have been partitioned. Counsel further submits that since the mutation has not taken place, there cannot be any partition or sale by public auction.