Court directs auction of property after protracted litigation

Nov 14 2012, 15:56 IST
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SummarySuit property cannot be partitioned by meets & bounds and therefore needs to be auctioned.

A 16-year-long property dispute among three brothers has been finally settled with a Delhi court ordering auctioning of the land due to their failure to arrive at a “mutually acceptable” solution.

While directing auctioning of the South West Delhi property, Additional District Judge Dig Vinay Singh ordered that the amount received after selling the land be divided equally among three brothers Ram Chander, Hari Kishan and Hari Prasad.

The order came on a suit filed by Chander and Kishan in September 1996 for partition of the property and seeking direction to restrain Prasad from raising any construction on the land measuring 450 square yards.

“The factual position is that as many as three local commissioners (appointed in March and September 1997 and in April 1999) attempted to resolve the dispute by partitioning the property as per their wisdom but it is not acceptable to both the sides,” said the court.

“As a last ditch effort, even this court made an attempt to persuade both the sides to come to a mutually acceptable solution by partitioning the property but even that did not succeed,” it added.

“The suit property cannot be partitioned by meets & bounds and therefore it needs to be put to auction sale. The parties would be entitled to their proportionate shares from the sale proceeds,” the judge said.

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