$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 160/2021 SUDHIR KUMAR MAHAJAN .....Plaintiff Through: Mr. Mukesh Sharma and Mr.Dinesh Sharma, Advs.

versus ADARSH MAHAJAN & ORS. .....Defendants Through: Mr. Rajinder Singh and Mr. Arjun Sharma, Advs. for D-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 02.02.2026 CS(OS) 160/2021 & I.A. 3917/2021

1. Mr. Mukesh Sharma, learned counsel appearing on behalf of plaintiff invites attention of the Court to order dated 29.01.2025 whereby the preliminary decree was passed in the present suit for partition declaring that the plaintiff has 1/7^th share in the suit property bearing no. C-57, East of Kailash, New Delhi - 110065. It is also not in dispute that all the six defendants also have 1/7^th share each.

2. The learned counsel appearing on behalf of the parties also submit that the matter was referred to mediation but the same was not successful.

3. Learned counsel for the parties submit that a Local Commissioner may be appointed to visit the suit property for ascertaining as to whether the property can be divided by metes and bounds.

4. In view of the above, Mr. Kshitiz Garg, [Mobile No. 9999936804] is appointed as Local Commissioner to visit the suit property and interact with the parties and suggest whether the suit property can be partitioned by metes and bounds amongst the parties to the suit, having regard to their respective shares.

5. The Local Commissioner will visit the aforesaid property after giving due notice to the counsel for the parties. The parties and/or their respective counsels may remain present at the time of execution of commission.

6. The Local Commissioner shall be at liberty to engage the services of an Architect for the purpose of deciding whether the property can be partitioned by metes and bounds. The fee of the Architect, as well as, other incidental and out of pocket expenses shall be borne by all the parties equally.

7. All the parties shall extend support and cooperation to the Local Commissioner and give him access to the portions of the suit property in their respective possession to enable him to carry out inspection, and provide all necessary documents/site plan etc. as be requested by the Local Commissioner.

8. In case, exact division of suit property by metes and bounds is not possible as per the respective shares of the parties, the Local Commissioner will suggest other ways and means to offset any extra area/portion for and against any of the parties, if possible.

9. The fee of the Local Commissioner is fixed at Rs. 2 Lakhs to be shared equally by all the parties. The out-of-pocket expenses for preparing site plan etc. shall also be borne by the parties jointly.

10. The Local Commissioner shall file report within eight weeks. The copy of the report shall also be furnished to the counsels for the parties, who shall then be at liberty to file their objections thereto, if any, before the next date of hearing.

11. Re-notify on 18.05.2026 for consideration of Report of Local Commissioner.

I.A. 15421/2025 (under Order XX Rule 18 read with Section 151 CPC)

12. Mr. Mukesh Sharma, learned counsel for the plaintiff seeks to withdraw the present application.

13. The application is dismissed as withdrawn.

VIKAS MAHAJAN, J FEBRUARY 2, 2026 N.S. ASWAL