$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 45/2020 CHATAR DEVI ANGOORI @ ANGOORE DEVI .....Plaintiff Through: Mr. Siddharth Mullick, Adv.

versus JAGDISH SINGH .....Defendant Through: Mr. Devendra Singh, Adv. for D-1.

Mr. Jaideep Malik, Adv. for D-2, 3, 6, 7 and 8.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 17.02.2026

1. Learned counsel appearing on behalf of the parties point out that the present matter is a suit for partition, in which preliminary decree has already been passed vide judgment dated 13.01.2025.

2. Mr. Devendra Singh, learned counsel appearing on behalf of defendant no.1 who claims to be in possession of the said property, submits that the local commissioner may be appointed for ascertaining whether the propertycan be divided by metes and bounds.

3. Learned counsel for other parties also echo the same sentiment.

4. In view of the above, Mr. Bhavya Sanwal, Advocate [Mobile No. 9810434037] is appointed as local commissioner to visit the suit property bearing no. C-49 to 52, C-Block Market, J.J. Colony, Old Seema Puri, Delhi-110095, admeasuring about 75 sq. yds. 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 mayremain 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 in proportion to their share in the suit property.

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

9. The fee of the Local Commissioner is fixed at Rs. 1.5 Lakhs to be shared bythe plaintiff and defendants proportionate to their shares in the suit property. 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.

10. The Local Commissioner shall file report within four 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. List on 07.05.2026 for considering the report of the local commissioner.

VIKAS MAHAJAN, J FEBRUARY 17, 2026/anj