$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 121/2023, CC 6/2023 & I.A. 17292/2023 SH. PANKAJ SAWHNEY .....Plaintiff Through: Mr. M.S. Khan, Ms. Neha Khan, Mr.

Akbar Kaleem and Ms. Shaziya, Advs. versus SMT. SUMAN SAWHNEY AND OTHERS .....Defendants Through: Mr. Rajeev Verma, Adv. for Adv. for D-1 to D-4.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 16.02.2026 I.A. 44210/2024 (under Order XL Rule 1 read with Order XX Rule XVIII CPC by plaintiff)

1. Mr. M.S. Khan, learned counsel appearing on behalf of plaintiff/applicant invites attention of the Court to the order dated 09.04.2024 to contend that vide said order the preliminary decree was passed to the effect that the plaintiff and defendants are entitled to an undivided 50% share each in property no. 7726-28, Ward No.XV, Gopal Bhavan, Ram Nagar, Paharganj, Delhi-110055.

2. He submits that Local Commissioner may be appointed to visit the property and submit his report as to whether the property can be divided by metes and bounds.

3. Since, it is not in dispute that the preliminary decree passed by this Court vide order dated 09.04.2024 has not been challenged by the defendants and has attained finality, Mr. Siddhartha Sinha, Advocate [Mob.: 9717952311] is appointed as Local Commissioner to visit the aforesaid 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.

4. 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.

5. 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 in proportionate to their share.

6. 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.

7. 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.

8. The fee of the Local Commissioner is fixed at Rs. 2.5 Lakhs to be shared by the plaintiff and defendants proportionate to their shares. The out- of-pocket expenses for preparing site plan etc. shall also be borne by the parties jointly. The Local Commissioner shall be paid his fee in advance.

9. 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.

10. The application stands disposed of.

CS(OS) 121/2023

11. Re-notify on 07.07.2026 for consideration of Report of Local Commissioner.

VIKAS MAHAJAN, J FEBRUARY 16, 2026 N.S. ASWAL