IMPORTANT POINT
The court's decision is based on the parties' intentions regarding the property and the feasibility of dividing the property.

JUDGMENT

Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode.

2. This is a dispute between the family members. The suit seeks partition of the property bearing No.577-78, Katra Asharfi, Chandni Chowk, Delhi, built up on a land measuring 32 Sq. Yards, comprising of ground floor, mezzanine floor, first floor, second floor and terrace floor (hereinafter referred as the `suit property').

3. The Defendant in the present case is the paternal aunt (chachi ji) of the Plaintiff. Defendant being the wife of Mr. Ravindra Nath Gupta who is the real brother of the father of the Plaintiff namely Mr. Raghvendra Nath Gupta. It is not in dispute that the Plaintiff and the Defendant are the joint owners of the property i.e. 50% share each in the above mentioned suit property.

4. This Court, vide order dated 25th April, 2022, had passed a preliminary decree in the following terms.

"3. Learned counsel appearing for the defendant under instructions submits that he does not dispute that the parties are joint owners of the properties. He, however, submits that there are two shops which were purchased by two different sale deeds; one bearing No. 577 and the other bearing No. 578.

4. Since there is no dispute between the parties with regard to the ownership and the respective shares of the parties, a preliminary decree of partition is passed in respect of property bearing No. 575, Katra Asharfi, Chandni Chowk, Delhi and the property bearing no.577-578, Katra Asharfi, Chandni Chowk, Delhi declaring that both the plaintiff and defendant have undivided 50% share each in the suit properties."

5. The said order was modified vide order dated 24th August, 2022 as inadvertently the common staircase/passage had been included incorrectly. The said modification reads as under:

"4. Accordingly, paragraphs 1, 2 and 4 of the order dated 25th April, 2022 are corrected and would read as under:

"1. Plaintiff seeks a decree of partition of the built-up immoveable property bearing No. 577-578, Katra Asharfi, Chandni Chowk, Delhi built up on a plot of land admeasuring 32 sq. yards (approximately) comprising of ground floor, mezzanine floor, first floor, second floor and terrace floor. "

"2. As per the plaintiff, plaintiff and defendant are joint owners of the suit property having 50% share each.

"4. Since there is no dispute between the parties with regard to the ownership, and the respective shares of the parties, a preliminary decree of partition is passed in respect of property bearing No. 577-578, Katra Asharfi, Chandni Chowk, Delhi declaring that both the plaintiff and defendant have undivided 50% share each in the suit property. "

6. The Court had, then, vide order dated 12th October, 2022, appointed a Local Commissioner to submit a report. The mandate of the Local Commissioner was to determine whether or not the suit property can be divided by metes and bounds in the following terms:

"4. At the request of the counsels for the parties, Mr. Atul Gupta, Architect (Mobile No.9811623694), who is empanelled with the Delhi International Arbitration Centre as an architect, is appointed a Local Commissioner to visit the suit property. The following directions are passed in this regard:

I. The fees of the Local Commissioner is fixed at Rs.50,000/- plus out of pocket expenses to be home equally by both the parties.

II. The Local Commissioner shall visit the suit property to determine whether or not the suit property can be divided by metes and bounds and if so, in what manner, taking into account the applicable Municipal by-laws and Building by-laws.

III. The Local Commissioner shall file his report within six weeks.

IV. Report of the Court Commissioner be provided to the counsels for the plaintiff and the defendant.

5. After the inspection of the suit property by the Local Commissioner, the plaintiff shall deposit the keys of the suit property with the Court."

7. The keys of the suit property are currently lying with the Court. Local Commissioner has submitted his re