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DELHI HIGH COURT
SIDDHARTH MRIDUL, TALWANT SINGH
Santosh Kumari alias Shanti Devi – Appellant
Versus
Ajay Kumar Singhal – Respondent
| Table of Content |
|---|
| 1. settlement terms for partition. (Para 3) |
| 2. court's observation on lawful terms. (Para 4) |
| 3. preliminary decree of partition ordered. (Para 5 , 6) |
| 4. disposal of appeal per compromise. (Para 12 , 13 , 14) |
JUDGMENT
Siddharth Mridul, J. (OPEN COURT)
CM APPL. 53155/2022(u/O XXIII Rule 3 r/w Section 151 CPC filed on behalf of the parties for recording of compromise and passing of a preliminary decree of partition between the parties)
1. The present application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 has been jointly instituted on behalf of the parties praying as follows:
"In light of the above mentioned facts and circumstances, it is prayed that this Hon'ble Court may graciously be pleased to:
a. Pass a preliminary decree of partition declaring that legal heirs of Sh. Ram Saroop and Sh. Kallu Mal are entitled to equal share i.e. 171 Sq. Yards each out of total area of 342 Sq. Yards in respect of immovable property bearing No. 29, Church Lane, Bhogal Jangpura, New Delhi.
b. Pass a preliminary decree of partition determining that the individual share of parties to the suit/Appeal out of 171 Sq. Yards in respect of immovable pr
Parties can mutually resolve property disputes through documented settlements, leading to a preliminary partition decree sanctioned by the court.
The court's decision is based on the parties' intentions regarding the property and the feasibility of dividing the property.
The central legal point established in the judgment is the validity and binding nature of the compromise deed in settling disputes and passing the decree of partition.
A preliminary decree can be passed in a suit for partition without first identifying the properties involved in the suit, and the identification of properties can be done subsequent to the declaratio....
The court affirmed the plaintiffs' right to partition of joint family property, ruling that the defendants failed to prove prior partition, and emphasized the necessity of registration for partition ....
The main legal point established in the judgment is the acceptance of partition by the representatives of the deceased joint owners and the appointment of a Commissioner of Partition for overseeing t....
The first Appellate Court must address all issues and contentions raised by the parties and record findings supported by reasons on all issues and contentions.
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