JUDGMENT
Sanjay Kishan Kaul, J.
IA No 12556/1999 (under Section 340 Cr.P.C.)
Dismissed as not pressed in view of the settlement being recorded in the suit.
CS(OS)1653/1998
1. The plaintiff has filed a suit for partition against the defendants. Learned counsel for the parties state that there is no dispute about the share of the parties. The plaintiff has one-fifth share, defendants No. 1 and 2 have one-fifth share each, defendants No. 3 to 6 have one-twentieth share each and defendants No. 7 and 8 have one-tenth share each.
2. Insofar as the properties forming subject matter of the suit are concerned the same are in schedule 1. It is however agreed, on instructions from the parties, that the aforesaid shares be declared in respect of properties mentioned at serial no (i), (v), (vi) and (viii). Ordered accordingly.
3. As far as properties mentioned at serial No. (ii) of schedule 1 is concerned, same stands acquired and acquisition proceedings are pending which have been impugned by the parties. Learned counsel for the parties state that the issue of share in this property be left open and be not decided in the present proceedings.
4. A preliminary decree for partition is passed declaring the shares of the parties as aforesaid in respect of the properties mentioned at serial No. (i), (v), (vi) and (viii) of schedule 1 of the plaint. The question of shares in property at serial No. (ii) is left open at the request of parties and the plaintiff and defendants No. 3 to 6 give up their rights in respect of other properties mentioned in schedule 1.
5. Insofar as properties at serial no (v), (vi) and (viii) are concerned, learned counsel for the parties state that the contents of lockers and the amounts shall be divided by the parties themselves in the aforesaid shares and the keys be released to defendant No. 7 by consent of parties who will divide the aforesaid properties.
6. The only property thus left is mentioned at serial No. (i) being property No. 1, Ring Road, Lajpat Nagar, New Delhi. Plaintiff has already placed on record the offer of a builder for the said property to the tune of rupees nine crores. Learned counsel for defendants no 1,2,7 and 8 seek some time to verify whether they can get better offer failing which it is agreed that the offer made by the plaintiff through the builder be accepted since the only mode possible for division is the sale of property.
7. The plaintiff will ensure that the builder who is to purchase the property is present in court with the sum of rupees ten lakhs in the form of cheques made out in favor of the parties as per the aforesaid shares is terms of his offer.
8. List for directions on 06.02.2006.