PADAM SAGAR BAVEJA vs NEETI SINGH & ORS.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:16th April, 2026 + CS(OS) 934/2025, I.A. 31981/2025, I.A. 31982/2025 & I.A.10326/2026 PADAM SAGAR BAVEJA .....Plaintiff Through: Mr. Rishi Manchanda and Mr. Arun Kumar, Advs. with plaintiff in person M: 9911681178 versus NEETI SINGH & ORS. .....Defendants Through: Mr. Siddharth Mullick, Adv. for D-2 and 3 with D-3 in person M: 9953903010 Mr. Sumeer Sodhi, Mr. Arjun Nanda and Mr. Hardeek Goyal, Advs. for D- 1 M: 8800789007 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL): 1. The present is a suit for partition of the suit property, i.e., 3-BHK flat bearing No. B-704, 7th Floor, Kedar Apartments, Sector-9, Rohini, Delhi- 110085, admeasuring about 1053 square feet. 2. The preliminary decree already stands passed on 19 th December, 2025 declaring the share of the plaintiff and the three defendants as 1/4 th share Signature Not Verified Digitally Signed Page 1 of 5 By:HARIOM SHARMA Signing Date:18.04.2026 16:26:10 each in the suit property. 3. The parties were referred to Mediation. However, this Court is informed that the Mediation has failed, and the same is corroborated by the Mediation Report dated 23rd March, 2026. 4. Since the suit property is a 3-BHK flat and there are four shareholders to the said flat, the property cannot be divided by metes and bounds. 5. Learned counsels appearing for the plaintiff as well as for the defendants are ad-idem that the property would have to be sold either through inter se bidding/ private sale, and if the aforesaid fails, then through auction. 6. Learned counsel appearing for the plaintiff submits that original title deed of the suit property is missing and First Information Report (“FIR”) has been lodged in that regard. Howe