2025 Supreme(Online)(Del) 48284
IN THE HIGH COURT OF DELHI AT NEW DELHI
LATE JAGDIP KAUR & ORS. VS. MANBIR SINGH OBEROI & ORS
CS(OS) 577/2025
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. 29434/2025 IN + CS(OS) 577/2025 ANJU AGGARWAL & ANR. .....Plaintiffs Through: Mr. Yashoaj Guglani, Mr. Manoj Kr.
Garg, Mr. Shantanu Parmar, Ms. Yamini Thakur and Mr. Baham Singh, Advocates versus NITIN AGGARWAL & ANR. .....Defendants Through: Mr. Ayush Shrivastava and Ms. Sneha P. Mandal, Advocates for D-2 CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 26.11.2025 The present matter has been taken up today, i.e. 26th November, 2025, as 25th November, 2025 was declared a holiday on account of 350th Anniversary of ‘Guru Teg Bahadur’s Martyrdom Day.’
I.A. 29434/2025 (seeking appointment of a Receiver/ Local Commissioner) 1. This application has been filed on behalf of the defendant no.2 seeking appointment of a Receiver to visit the suit property, prepare an inventory of the defendant no.2’s personal belongings found in the suit property and retrieve the same.
2. To be noted, vide order dated 30th October, 2025, a statement of the defendant no.2 was recorded that she does not intend to visit the suit property except to collect her belongings with the assistance of the Court.
3. The applicant/ defendant no.2 has given a list of his belongings which are lying in the suit property in custody of the plaintiffs. The same are set out below:
4. Counsel appearing on behalf of the plaintiffs submits that most of the aforesaid belongings are not there at the suit property.
5. Precisely, for this reason, it is imperative that a Court Commissioner is appointed to visit the suit property in the presence of the representatives of the parties and make an inventory of the personal belongings of the defendant no.2 which are lying at the suit property.
6. Accordingly, Ms. Mahima Mishra, Advocate (Mobile No.
+919873909861) is appointed as a Local Commissioner to visit the suit property, situated at B-14, T-1, 3rd Floor, Vivek Vihar, Phase-I, East Delhi-
110095.
7. The following directions are passed in this regard:
i. The Local Commissioner shall visit the suit property after giving notice to the parties.
ii. The Local Commissioner shall prepare a report which shall record the following:
a. the items/ belongings which, as per the list detailed in paragraph
3 above, are found at the suit property.
b. the respective stand of the parties whether any of the articles that are found at the suit property belong to the defendant no.2.
c. the items/ belongings found at the suit property, the ownership of which are disputed. The plaintiffs shall keep the aforesaid disputed items in a secured manner.
d. the items/ belongings regarding which there is no dispute raised by the plaintiffs that the said articles belong to the defendant no.2. The said items shall be handed over to the defendant no.2 after making an inventory thereof.
iii. The parties shall cooperate with the Local Commissioner during the execution of the commission.
8. The Local Commissioner shall file his Report within two (2) weeks of executing the commission, along with photographs of the articles/
belongings detailed in paragraph 3 above taken at the suit property.
9. The fees of the Local Commissioner, to be borne by the applicant/
defendant no.2, is fixed at Rs.1,00,000/-. The defendant no.2 shall also bear miscellaneous out-of-pocket expenses of the Local Commissioner for the execution of the commission.
10. The application stands disposed of in the above terms.
AMIT BANSAL, J NOVEMBER 26, 2025 ds