Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 EX 151/24
REEMA SEHGAL Vs. Seema Sehgal
04.10.2024
Present: Sh. Vipin Arora, Ld. Counsel for the DH alongwith DH.
Sh. Vijay Laxmi Goel, Ld. Counsel for the JD.
JD through VC.
Perusal of the record shows that pursuant to the
compromise dated 03.04.2024 between DH and the JD, final decree
was passed between the parties on the basis of the averments of the
parties that they have carried out the partition of the suit property by
metes and bounds by specifically mentioning their respective portions
as Red and Green respectively. However, today, it is submitted by Ld.
Counsel for DH that she is yet to take possession of her Red portion in
the suit property and that she is still not in possession of the same.
It is also submitted by ld. Counsel for DH that for the
purpose of carrying out actual partition by metes and bounds between
the parties, a wall has to be constructed between their respective Red
and Green portions in the suit property.
Ld. Counsel for DH fairly concedes that there is nothing
mentioned in the settlement dated 03.04.2024 w.r.t. construction of
any Wall between the Red and Green portions of the parties in the suit
property.
A query is put to Ld. Counsel for DH that how the
present execution is maintainable, since the property has still not been
partitioned by metes and bounds.
Ld. Counsel for DH seeks time to deliberate upon the
above aspect and take instructions from the DH in this regard.
Put up for arguments on the maintainability of the
present execution on 31.01.2025.
(Ankur Jain-II)
DJ-02, SHD District
KKD/Delhi 04.10.2024
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