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2021 DAILYLAW 2792 (DEL)

SUDHIR KUMAR MAHAJAN v. ADARSH MAHAJAN

CS(OS)/160/2021 · 2026-05-18

Vikas Mahajan

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 160/2021 and I.A. 3917/2021 SUDHIR KUMAR MAHAJAN .....Plaintiff Through: Mr. Mukesh Sharma and Mr. Dinesh Sharma, Advocates. versus ADARSH MAHAJAN .....Defendant Through: Mr. Sanjay Sehgal, Mr. Shivesh Sehgal and Mr. Anil Kumar Vohra, Advocates for D1, D3, D4 and D5. Mr. Rajinder Singh, Mr. Arjun Sharma and Mr. Anupam Jain, Advocates for D2. Mr. Kshitiz Garg, Local Commissioner. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 18.05.2026 1. A preliminary decree of partition was passed by this Court vide judgment dated 29.01.2025 declaring that each party to the suit will have 1/7th share in the suit property bearing no. C-57, East of Kailash, New Delhi – 110065. 2. Subsequently, vide order dated 02.02.2026, a Local Commissioner was appointed by this Court to visit the property and to suggest as to whether the suit property can be partitioned by metes and bounds amongst the parties to the suit having regard to their respective shares. 3. Learned Local Commissioner has placed on record his report dated 14.03.2026. A perusal of the said report shows that partition of the property This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2026 at 15:58:36 by metes and bounds is not possible. Even learned counsel for the parties are of the view that the property cannot be divided by metes and bounds. 4. In these circumstances, since the property is not amenable to partition by metes and bounds, therefore, the only option left is to sell the property. 5. Accordingly, final decree is passed for the sale of the suit property and for distribution of the sale proceeds amongst the parties as per their respective shares already determined in the preliminary decree dated 29.01.2025. 6. It is clarified that the parties are at liberty to buy out each other‟s share within a period of three months from today. If there is no consensus arrived at between the parties within a period of three months, parties shall be at liberty to get the decree executed. 7. Pending application stands disposed of. 8. The final decree sheet be drawn accordingly. VIKAS MAHAJAN, J MAY 18, 2026/jg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2026 at 15:58:36