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NAVIN CHAWLA
CNA Exports Private Ltd – Appellant
Versus
Janak Datwani – Respondent
JUDGMENT
Navin Chawla, J. - This petition has been filed challenging the order dated 25.01.2022 (hereinafter referred to as the 'Impugned Order') passed by the learned Additional District Judge-04, South-East, Saket Courts, New Delhi (hereinafter referred to as the 'Executing Court') in Execution Petition No. 29/2019, titled M/s C.N.A. Exports Pvt. Ltd. v. Sh. Janak Datwani & Ors., dismissing the application filed by the petitioner seeking appointment of a Local Commissioner.
2. The above Execution Petition has been filed by the petitioner seeking execution of the Final Decree of partition of the property bearing No.6, Friends Colony (West), New Delhi, (hereinafter referred to as the 'Suit Property') dated 17.04.2007 passed by this Court in CS (OS) No. 698/2003, directing as under:-
"...it is ordered that a final decree of partition in respect of property bearing No.6, Friends Colony West, New Delhi be and the same is hereby passed directing that Portions "A" "B" & "C" as shown in the site plan "Y" shall fall to the share of defendant No.3 (M/s CNA Exports Pvt. Ltd.), defendant No.2 (M/s In Exports Pvt. Ltd.) and the plaintiff (Mrs. Jaskirat Datwani) respectively.
It is further ordered
The possession of the property by the Receiver and the existence of pending litigations regarding shareholding influenced the Court's decision to dismiss the petition seeking appointment of a Local C....
The appointment of an Advocate Commissioner is unnecessary when sufficient evidence exists to determine the facts in a partition suit.
The appointment of an Advocate Commissioner in a partition suit is unnecessary if sufficient evidence has already been presented by the parties involved.
The court clarified the rights of the parties in the subject property and directed the appointment of a Local Commissioner to effectuate the preliminary decree for partition, in line with the provisi....
The onus is upon the plaintiff to prove the encroachment and produce the relevant record before the Revenue Official to enable demarcation. The Court cannot create evidence in favor of a party.
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