KAUSHALYA SHARMA Vs. KIRAN DEVI & ORS

JUDGEMENT

(1.) A suit for partition and permanent injunction was filed by LRs (legal representatives) of Shri Shiv Charan in respect of the suit property measuring 2 bighas 13 biswas which is part of Khasra No.141/27/21 situated in village Vasant Nagar, PO Vasant Vihar, New Delhi (hereinafter, 'suit property').

(2.) The said suit was originally filed and listed before the original side of the High Court on 5th March, 2003. On 2nd November, 2006, a preliminary decree for partition by metes and bounds was passed in the following terms.

(3.) Thereafter, on 27th May, 2008 a Local Commissioner was appointed to ascertain the views of the parties as to the most appropriate method of partitioning the property. Various objections were filed to the report of the Local Commissioner. On 9th August, 2012 the Court observed that a valuer ought to be appointed and before appointing a valuer it is necessary to determine what is the constructed and the non-constructed area. The Court, accordingly, directed as under: