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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 09.02.2018

Pronounced on: 11.05.2018

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O. REF. 2/2018 IN CS(OS) 1098/2005

INDU SINGH AND ANR.

..... Plaintiffs

versus

PREM CHAUDHARY AND ORS.

..... Defendants

Through: Sh. Y.P. Narula, Sr. Advocate with Ms. Tara Narula and Sh.

Abhey Narula, Advocates, for Plaintiff No.2.

None for the defendants.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT

HON'BLE MR. JUSTICE VALMIKI. J. MEHTA

HON'BLE MR. JUSTICE R.K. GAUBA

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MR. JUSTICE S. RAVINDRA BHAT

1. This judgment by the Full Bench is pursuant to a reference by a learned single

judge, on two issues:

(i)

When an order for sale of the property/properties is passed in a partition suit,

whether such an order of sale is a final decree of partition or is just another preliminary

decree passed after passing of the earlier preliminary decree declaring the shares of the

parties in the property/properties of the partition suit.

(ii)

On the answer to the aforesaid issue being given, a further consequential issue will

have to be examined that if the order of sale is a final decree, then in such a case whether

this final decree will be an “Instrument