RAJINDER KUMAR VERMA Vs. ANITA VERMA AND ORS.

JUDGEMENT

(1.) BOTH the applications being identical in nature are proposed to be disposed of together in order to avoid repetition of the pleadings and also conflicting findings.

(2.) BOTH applications pertain to confirmation of sale of the building, A -1/12, Safdarjung Enclave, New Delhi. While auction purchaser has filed OMP No. 4229 of 2013 with a prayer to confirm the sale at the same time the application OMP No. 4319 of 2013 has been filed by the plaintiff with a prayer to cancel the sale of the above property allegedly conducted in violation of the procedure prescribed and irregularities committed while auctioning the same.

(3.) SUBSEQUENTLY , an order passed on 2nd March, 2004, in OMP No. 440 of 2003, Mr. Bhupender Gupta, Senior Advocate, was appointed as Commissioner to partition the suit property including the one at Safdarjung Enclave in New Delhi with the consent of the parties. The Commissioner so appointed had filed the report. The objections thereto were invited. Lateron, an application registered as OMP No. 162 of 2006 came to be filed by the parties except defendant No. 5 jointly with a prayer to permit the plaintiff to sell the aforesaid property at Safdarjung Enclave in terms of Section 2 of the Partition Act on the ground that in view of Municipal Bye -laws of the Delhi Municipal Corporation the same cannot be partitioned having become impartible. Defendant No. 5 failed to put in appearance despite service of notice of this application upon him and the application was disposed of vide order dated 10th July, 2006 and the parties allowed to sell this property by private negotiations in accordance with law with liberty to make a mention as and when they succeed in selling the property. The parties, however, failed to do so. This has led in filing another application with a prayer to sell the said property by way of auction registered as OMP No. 372 of 2009. Defendant No. 6 had also filed application OMP No. 453 of 2009, with the similar prayer. The common order passed in these applications on 18th September, 2009 reads as follows: