ORDER

% 01.08.2024

1.Pursuant to the order dated 29.07.2024, Judgment Debtor No. 2, along with her son, are present before this Court. They have produced before this Court a copy of the Sale Deed dated 01.12.2023 executed by Judgment Debtor No. 2 in favor of Mukesh Kumar Garg HUF through its Karta- Sh. Mukesh Garg, S/o Sh. Shiv Narain Garg, R/o 68, Bannu Enclave, Pitampura, Delhi, which has been registered in the office of the Sub Registrar VI-C, North West, Delhi.

2. The present Execution Petition has been filed by the Decree Holder, praying for execution of the Preliminary Decree dated 09.02.2017 passed by this Court in CS(OS) 388/2016, titled Mr.M.K.

Govil (Mridul Kishore Govil) v. Shri Harish Chand Govil & Ors. , decreeing the said suit in the following terms:

“22. A preliminary decree of partition of property No.319, Deepali, Pitampura, Delhi is accordingly passed, declaring plaintiff, defendant No.1, defendant No.2, defendant No.3 to be having 1/5th share each in the said property and defendant No.4&5 together having remaining 1/5th share therein.

23. The defendant No.2 is also held liable to pay 1/5th share out of the total rent of second floor of the property realised by him for last three years i.e. 57,600/- to each of the plaintiff, defendant No.1, defendant No.3 and defendants No.4&5 together. A decree for recovery of the said amount in favour of the plaintiff, defendant No.1, defendant No.3 and defendant Nos.4&5 together is thus passed against defendant No.2.”

3. The Decree Holder further prays for execution of the final decree that was passed by the judgment dated 08.03.2017 in the above suit and in the following terms:

“9. Accordingly, a final decree for partition is passed, of sale of property No.319, Deepali, Pitampura, Delhi and distribution of sale proceeds thereof amongst the parties as per their respective shares declared in the preliminary decree for partition and on the following terms:

(i) That the sale will be by open auction/open bidding.

(ii) That all the parties to the suit would be entitled to participate in the said open auction/open bidding and if are the highest bidder shall, on the terms of open auction/open building as applicable to others, be entitled to buy the property.

(iii) That whichsoever party is in possession, use and occupation of the property or any part thereof shall be liable to deliver vacant, peaceful, physical possession of the property/portion in his/her occupation to the purchaser, even if the purchaser be one of the parties and if fails to do so shall be liable to be evicted as in a case of decree for recovery of possession of the property.”

4.In terms of the Final Decree the Suit Property was to be sold either through auction or through open bidding.

5.As the parties could not execute the Final Decree, the Decree Holder filed the present Execution Petition.

6.This Court, by its order dated 05.12.2023, was pleased to appoint a Local Commissioner with the following mandate:

“3. On the request of the learned counsel for the Decree Holder, Ms.Beenashaw Soni, Advocate (Mobile No. 9810046611) is appointed as the Local Commissioner for the auction with the following tasks: -

(i) The Local Commissioner shall commence the process for sale of property forthwith.

(ii) The Local Commissioner shall be entitled to engage the services of any expert in the field of property transaction with the consent of the parties. The fees for such a person shall be home equally by the parties.

(iii) Parties are also free to bring buyers before the Local Commissioner and the Local Commissioner can impose any reasonable terms on the buyer, including deposit of earnest deposit for the purpose of further processing the sale.”

7.The learned Local Commissioner, on 29.07.2024, filed her report, inter alia, bringing to the notice of this Court t