Smt Neety Gupta vs Smt. Usha Gupta and Others

G.S. Sistani

Plaintiff has filed present suit for partition, injunction and rendition of accounts against Defendants. Counsel for the Plaintiff submits that Plaintiff and Defendants No. 1 to 4 are real sisters. Plaintiff claims 1/5th share in the suit properties [property bearing No. B-7, 80/2, Safdarjung Enclave, New Delhi-29 and property bearing No. B-9, Rohit Kunj, Pitampura (Rohtas Cooperative House Building Society, Delhi)].

It is pointed out that Defendants No. 1, 3 and 4 were proceeded ex parte on 07.07.2009. Defendant No. 2 admits the claim of the Plaintiff.

Accordingly, a preliminary decree is passed. All the parties shall have 1/5th share in the suit properties. In the absence of any particulars of the properties at Karnal and also in the absence of any details of the movable properties, the Plaintiff on instructions wishes to give up the relief of rendition of accounts.

Counsel for the parties pray that a Local Commissioner be appointed to suggest the mode of partition. Accordingly, Ms. Madhvi Chopra, Advocate (Cell No. 9899044704) is appointed as a Local Commissioner, to suggest the mode of partition. Local commissioner will issue notice to all the parties and thereafter suggest mode of partition and will give her report well before the next date of hearing. Fee of the Local Commissioner is fixed at Rs. 60,000/- besides all out of pocket expenses, to be shared initially by the Plaintiff and Defendant No. 2, but will be ultimately shared by all the parties (plaintiff and Defendants No. 1 to 4) in equal proportion.

Let a copy of this order be served by the Local Commissioner on all the Defendants. All the Defendants shall appear before the Local Commissioner and suggest the mode of partition.

List on 09.11.2011.