RAJINDER KUMAR VERMA Vs. ANITA VERMA & ORS

JUDGEMENT

(1.) The present suit after passing preliminary decree for partition of the suit land is presently at the stage of partition thereof by a Local Commissioner to be appointed by this Court before the final decree is passed.

(2.) It is seen that vide order passed on 2.3.2004 in an application registered as CMP No. 440 of 2003 filed in this suit Mr. Bhupender Guprta, Senior Advocate was appointed as Local Commissioner to partition the suit property in accordance with the preliminary decree and submit the report to this Court. Mr. Gupta, however, failed to do so because as per the record the parties i.e. all co-sharers have not cooperated with him in getting the suit property situate within the territory of the State of Himachal Pradesh partitioned. As regards the suit property A- 1/12 Safdarjung Enclave, New Delhi Mr. Naresh Sharma, Senior Advocate came to be appointed as Local Commissioner to put the same to auction. The Local Commissioner has sold that property in auction and auction purchaser had deposited the earnest money also in the Registry of this Court. However, the application registered as OMP No. 4229 of 2013 filed by the auction purchaser with a prayer to confirm the sale was dismissed because the same being lease hold could have only been sold in auction subject to the payment of 50% of the sale consideration to Delhi Development Authority towards unearned increase. The parties to the suit were not ready and willing to part with 50% sale consideration, therefore, the permission to confirm the sale as sought was declined and as the proceedings qua conversion of the property aforesaid from lease hold to free hold were already initiated, therefore, the parties were directed to pursue the same and ascertain the status thereof as well as apprise this Court also qua the same.

(3.) On 23.6.2015, when the matter came to be listed before this court, time was sought on behalf of the plaintiff to ascertain the current status of the proceedings qua conversion of the property i.e. A-1/12, Safdarjung Enclave, New Delhi. At the same time, learned Counsel on both sides had come forward with the proposal that the property situated within the territorial jurisdiction of this court can be partitioned with mutual understanding. Consequently, the following order came be passed in this matter on that day:-