Back
IN THE HIGH COURT OF DELHI
Siddharth Mridul, Talwant Singh, JJ.
Santosh Kumari alias Shanti Devi - Appellant
Versus
Ajay Kumar Singhal - Respondent
FAO(OS) 137 of 2022
Decided On : 19-12-2022
| 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 property bearing No. 29, Church Lane, Bhogal, Jangpura, New Delhi as hereinunder:
Branch A of Shri Mange Ram Gupta
(i) Santosh Kumari @ Shanti Devi -- 1/30th
(ii) Ashok Kumar Singhal -- 1/30th
(iii) Naresh Kumar Singhal alais Naresh Singhal- 1/30th
(iv) Shashi Aggarwal -- 1/30th
(v) Disha Garg -- 1/30th
Branch B of Shri Jage Ram Gupta
(i) Ajay Kumar Singhal -- 1/18th
(ii) Vijay Kumar Singhal -- 1/18th
(iii) Sapna Singhal -- 1/18th
Branch C of Shri Ishwar Dayal Gupta
(i) Pradeep Gupta -- 1/18th
(ii) Sandeep Gupta -- 1/18th
(iii) Anjana Gupta -- 1/18th
Branch D of Shri Kallu Mal
Asa Ram (Respondent No.7)- 1/2 share
out of 342 Sq. Yards
c. Appoint a local commissioner to carry out a partition by metes and bounds of the immovable property i.e. 29, Church Lane, Bhogal Jangpura, New Delhi admeasuring 342 Sq. yards with respect to the respective individual shares of' the parties thereunder.
d. Any other order which this Hon'ble Court may deem fit to pass in present facts and circumstances."
2. Learned counsel appearing on behalf of the parties invite our attention to paragraphs 9 to 14 of the present application to urge that preliminary decree of partition be passed, in terms of the compromise/settlement arrived at by and between the parties in relation to the subject property of the present appeal.
3. Paragraphs 9 to 14, which elaborate the compromise/ terms and conditions for passing a preliminary decree of partition between the parties are reproduced hereinbelow:
"9. It is submitted that during the pendency of the suit and the present appeal, the parties being close relatives have decided to amicably resolve their issues and disputes pertaining to suit property. The parties have admitted and acknowledge the undivided 1/3rd share of each of three brothers thereto.
10. That in between the legal heirs of late Sh. Ram Saroop i.e. the Appellants and Respondents No. 1 to 6 and late Sh. Kallu Mal i.e. Respondent No.7, it is stated that the legal heirs of late Sh. Ram Saroop is entitled to 1/2 share in the suit property i.e. property bearing 29, Church Lane, Bhogal, Jangpura, New Delhi admeasuring 342 sq. yards. Further, the legal heir of late Sh. Kallu Mal is entitled to the remaining 1/2 share in the suit property i.e. property bearing 29, Church Lane, Bhogal, Jangpura, New Delhi admeasuring 342 sq. Yards
11. Thus, the legal heirs of late Sh. Ram Saroop i.e. the Appellants and the Respondents No.1 to 6 are entitled to 171 sq. yards out of 342 sq. yards of property bearing 29, Church Lane, Bhogal, Jangpura, New Delhi.
12. The legal heir of late She Kallu Mal i.e. Respondent No.7 is entitled to 171 sq. yards out of 342 sq. yards of property bearing 29, Church Lane, Bhogal, Jangpura, New Delhi. It is submitted that the legal heir of Shri Kallu Mal is in peacefu
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
