Court appoints Local Commissioner to oversee sale process; Equal share granted to plaintiff and defendants in contentious partition suit.
In a significant ruling, the Delhi High Court has resolved a protracted partition suit concerning a 3-BHK flat located in Kedar Apartments, Rohini, Delhi. The court, presided over by Justice Mini Pushkarna, passed a final decree on April 16, 2026, affirming equal 1/4th shares in the property for the plaintiff, Padam Sagar Baveja, and the three defendants, including Neeti Singh.
The decision comes after failed mediation attempts, as noted in the Mediation Report dated March 23, 2026. The court appointed Ms. Prema Priyadarshini as the Local Commissioner to manage the sale of the property. The sale options include inter se bidding, private sale, or, if necessary, a public auction. This approach was agreed upon by all parties, acknowledging the indivisibility of the property by metes and bounds.
The original title deed of the property is reported missing, and an FIR has been lodged. Consequently, certified copies of the title documents will be used for the sale process, ensuring compliance with procedural rules under the Delhi High Court (Original Side) Rules, 2018.
A previous injunction suit filed by one of the defendants, intended to prevent third-party rights, will not obstruct the sale. The court has directed the withdrawal of this suit within two weeks.
The Local Commissioner is tasked with conducting inter se bidding initially, followed by a private sale attempt. If these methods are unsuccessful, a public auction will be initiated. The valuation of the property will be carried out by a government-approved valuer, and all parties are entitled to participate in the auction.
The costs associated with the Local Commissioner's fees, fixed at Rs. 3 lakhs, and other related expenses will be shared equally among the parties. The court has also ordered that the process be completed expeditiously, with a decree sheet to be prepared by the Registry.
The judgment reflects the court's commitment to resolving civil disputes efficiently while ensuring equitable distribution among stakeholders. The case is scheduled for further compliance and directions on July 21, 2026.
Bottom Line:
A partition suit concerning a 3-BHK flat was resolved by passing a final decree, declaring the plaintiff and the three defendants as having an equal 1/4th share in the property. A Local Commissioner was appointed to oversee the sale process, including options for inter se bidding, private sale, or public auction.
Statutory provision(s):
Civil Procedure Code, 1908 Order XXI Rule 66, Delhi High Court (Original Side) Rules, 2018
Padam Sagar Baveja v. Neeti Singh, (Delhi) : Law Finder Doc id # 2885192
