ASHOK KUMAR GUPTA (SINCE DECEASED) THROUGH HIS LRS. vs SURESH CHAND GUPTA (SINCE DECEASED) THROUGH HIS LRS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08.05.2025 RFA(OS) 26/2025 ASHOK KUMAR GUPTA (SINCE DECEASED) THROUGH HIS LRS. .....Appellant Through: Mr.M.B.Harikant, Adv. versus SURESH CHAND GUPTA (SINCE DECEASED) THROUGH HIS LRS. .....Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE MANOJ JAIN NAVIN CHAWLA, J. (ORAL) CM APPL. 28012/2025 (Exemption) 1. Allowed, subject to all just exceptions. RFA(OS) 26/2025 & CM APPL. 28011/2025, 28013/2025 2. This appeal has been filed by the appellant, praying for the following relief: “a) allow, the present Memorandum of Appeal and “Modify” or “Vary” the Judgment, Order and Decree passed in CS (OS) No. 2846 of 2014, dated 16/11/2022, up to the extent of partition by metes and bounds, in the suit property, as per the respective shares/portions and physical possession mutually agreed and divided between the original parties to the suit, since the beginning 3. The appeal has been filed with a delay of 865 days. 4. The order dated 16.11.2022 reads as under: “1. Vide order dated 28th July, 2022, a Local Commissioner was appointed to determine whether the suit property can be partitioned by metes and bo