$~32 & 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 388/2016 SHRI M K GOVIL .....Plaintiff Through: Mr. S. C. Singhal, Mr. Saideep Kaushik and Mr. Parth Mahajan, Advs. versus SHRI HARISH CHAND GOVIL & ORS .....Defendants Through:

+ EX.P. 42/2017 (33) MR M K GOVIL (MRIDUL KISHORE GOVIL)

.....Decree Holder Through: Mr. S. C. Singhal, Mr. Saideep Kaushik and Mr. Parth Mahajan, Advs. versus SHRI HARISH CHAND GOVIL & ORS .....Judgement Debtors Through: Mr. Neeraj Jain, Mr. Um Tripathi, Ms. Nisha Garg, Mr. Amit Kumar, Advs. Purchaser Mr. Mukesh Garg Mr. Pranav Gupta, Ms. Sanchita Jain, Ms. Unnati Chauhan and Mr. Ansh Kulshrestha, Advocates for JD- 2A and 2B CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 11.12.2025 I.A. 44518/2024 in CS(OS) 388/2016 EX.APPL.(OS) 1670/2024 in EX.P. 42/2017

1. On 05.12.2023 this Court had appointed a Local Commissioner for sale of the property bearing No.319, Deepali Pitampura, Delhi admeasuring 125.83 square yards. The said property is the subject matter of CS(OS) No.388/2016, which is a Suit for partition between two sons and two daughters of late Sh. N. K. Govil. This Court vide Order dated 09.02.2017, passed the preliminary decree in the Suit holding all sons and daughters of late Sh. N. K. Govil entitled to 1/5^th share each in the said property. Final decree has been passed on 08.03.2017. It is stated that both the sisters have sold their shares to their brothers and one brother has passed away. It is stated that Legal Heirs of the deceased brother have sold their 20%

undivided share to a third party - Mr. Mukesh Kumar Garg.

2. Be that as it may, even though once the execution Petition had been filed, it was not proper for one of the parties to sell their shares to an outsider and a strong exception of this action has already been taken by this Court in Order dated 29.07.2024.

3. In order to bring quietus to the entire proceedings, this Court is inclined to appoint a Local Commissioner for auction of the Suit property.

4. Accordingly, Ms. Puja Anand, Advocate (Mob.: 9811049622) is appointed as the Local Commissioner.

5. The property shall be sold to the person offering the highest price in the light of Valuation Report and with the consent of the parties.

6. The fees of the Local Commissioner and all other expenses shall be borne equally by the parties. The fee of the Local Commissioner is fixed at Rs. 2,00,000/- to be equally shared by the parties.

7. The Local Commissioner shall sell the property to the prospective buyer willing to pay the highest amount.

8. The Local Commissioner is requested to submit the Report before the next date of hearing.

9. After sale of the property, the sale proceeds will be deposited with the Registry of this Court for apportionment among the parties.

10. This Court does not see any impediment if Mr. Mukesh Garg participates in the auction proceedings.

11. List on 21.04.2026.

SUBRAMONIUM PRASAD, J DECEMBER 11, 2025 Rahul