S C AGGARWAL Vs. B K GOEL

JUDGEMENT

(1.) The present suit relates to Shop No. 53, Mehar Chand Market, Lodhi Road, New Delhi. The Plaintiff and the Defendant have been held to be owners of 50% of the shop vide a detailed judgment/order passed in Application No.4726/2016 under Order XII Rule 6 on 19th July, 2016. The operative portion of the said judgment reads as under: -

(2.) The Court has thus passed a preliminary decree declaring the Plaintiff and Defendant No.1 as being entitled to 50% undivided share each in the subject shop. It is, however, a matter of record that at the moment Defendant No.2 who is the subsequent purchaser from Defendant No.1 is in possession of 25% area of the shop and the remaining 75% is in possession of the Plaintiff. The Defendant No.2 is running a mobile phone and accessories shop from the said location.

(3.) After the passing of the preliminary decree, parties tried to mediate the disputes which, however, did not result in a settlement. On 19th September, 2018, after hearing submissions, this Court had observed that from the submissions made by the parties, physical partition by metes and bounds is not feasible. Accordingly, a Valuer was appointed to value the shop and file a report before this Court.