$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 174/2015 PRIYA SHARMA .....Plaintiff Through: Mr. Aryan Dhariwal and Mr. Hari Kishan Advocates versus KAMLA RANI SHARMA & ORS .....Defendants Through: Mr. Abhishek Usha Singh, Mr.

Rituparn Uniyal and Ms. Deeksha Saggi, Advocates for D-2 Ms. Hetu Arora Sethi, Local Commissioner.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 20.11.2025 I.A. 11368/2025

1. The present application under Section 151 of CPC has been filed by the Local Commissioner for appropriate directions to enable the Local Commissioner to proceed in accordance with the Order dated 18.03.2024 passed by this Court.

2. This Court on 18.03.2024 has passed the following Order:

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10. Accordingly, let the sale of the property be conducted with a reserve price of Rs.2.50 crores by a Local Commissioner. Ms. Hetu Arora Sethi, Advocate (M: +91-9810368590), who is present in Court, is appointed as the Local Commissioner in the matter.

The mandate of Local commissioner is as follows:

 Local Commissioner shall permit either of the parties to purchase other’s shares by any amount higher than the reserve price.

 If neither of the parties is willing to purchase the other’s share, the Local Commissioner has the option of effecting a sale through a private sale after consulting some brokers in the area or by publishing a sale notice. The LC shall get the sale affected within a period of three months from today.

 If any further directions are required, Local Commissioner may approach the Court.

 The fee of the Local Commissioner is fixed at a lump sum of Rs.2 lakhs. The same would be liable to be equally shared from the sale consideration, by all parties, once the sale is effected. The expenses for the public notice shall be borne by the Plaintiff and Defendant No.2 at this stage, which will be adjusted as per the shares of the parties from the sale proceeds. Out of the Rs. 2 lakh, a sum of Rs. 1 lakh shall be paid by the Plaintiff and Defendant no.2, shared equally, to the Local Commissioner at this stage. This amount shall be adjusted once the property is sold.

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3. The Local Commissioner states that the Plaintiff, who resides in USA, expressed her desire to participate in the proceedings of sale, however, the Plaintiff is not participating in the proceedings and delaying the matter purportedly because of her ill health.

4. The Local Commissioner has, therefore, approached this Court by filing the present application seeking directions.

5. This Court cannot wait indefinitely for the Plaintiff to come to India and participate in the sale of property. If the Plaintiff does not appoint a Power of Attorney, who can act on her behalf, before the next date of hearing, this Court shall proceed further and direct the Local Commissioner to proceed ahead with the sale of the property.

6. List on 15.12.2025 to enable the Plaintiff to take appropriate steps, so that the Order dated 18.03.2024 can be implemented.

SUBRAMONIUM PRASAD, J NOVEMBER 20, 2025 S. Zakir