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2017 Supreme(Del) 1469

SANJIV KHANNA, PRATHIBA M.SINGH
RENU BHANDARI – Appellant
Versus
CHANDER SHEKHAR – Respondent


Advocates Appeared:
For the Appellant :Mr. Akhil Sibal, Sr. Advocate alongwith Mr. Gaurav Bhardwaj, Advocate.
For the Respondent:Mr. Jitender Chaudhary, Advocate.

JUDGMENT :

SANJIV KHANNA, J.

The dispute inter se parties relates to property No. 12B, Rajendra Park, New Delhi admeasuring 1250 square yards.

2. This property was owned by late Narain Das and Chetan Das, each being 50% owner. They had entered into a Memorandum of Understanding dated 21st March, 1988.

3. Late Chetan Das sold his 50% undivided share in the property to the appellants, namely, Renu Bhandari and Suman Bhandari vide registered deed executed on 3rd day of April, 1998 and registered on 7th April, 1998.

4. The legal heirs of Narain Das sold their 25% share in the property in favour of Ashok Garg, respondent No. 9 vide sale deed dated 26th November, 2010.

5. The appellants, i.e., Renu Bhandari and Suman Bhandari instituted CS(OS) No. 273/2011 seeking partition of the property against the legal heirs of Narain Das and the ninth respondent.

6. By order dated 4th September, 2013, a preliminary decree of partition was passed in CS(OS) No. 273/2011. Paragraphs 10 to 13 of the said order read as under:-

“10. Accordingly, a preliminary decree is passed declaring the undivided half share of both the Plaintiffs (625 sq. yards), the undivided 1/4th share of Defendant Nos. 6 and 7 (312.5 sq.


























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