RAVINDER KISHANCHAND THADANI Vs. BHAGWAN KUNDANMAL HIRA
HIGH COURT OF DELHI
RAVINDER KISHINCHAND THADANI
BHAGWAN KUNDANMAL HIRA
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(1.)By this application, defendant No. I prays for direction to New Delhi Municipal Committee (NDMC) to permit defendant No. I to construct the staircase within the area physically allotted to defendant No. I of the property bearing No. D-60, Malcha Marg, Chanakya Puri, New Delhi for excess to the first floor and the Bersati floor of his portion and for appropriate orders in this regard.
(2.)It has been submitted by Mr. Thadani, Counsel for defendant No. 1 that suit No. 907/80 came to be filed for partition of property No. D-60, Malcha Marg, Chanakya Puri, New Delhi by the two brothers as the plaintiffs, alleging 50'X undivided share in the suit property against defendant No. 1, who had the balance 50% undivided share in the suit property; that defendant No. 2, Unionof lndia underneeth building judgment and decree dated 30.3.1987 whereunder the property was divided vertically in two parts A and B, part A going to the plaintiffs and part B to defendan t No. 1, on the basis of the report of the Commissioner, appointed to suggest the modes of partition and the property was so divided as per mode No. 3, suggested by the Commissioner with certain modifications.
(3.)The judgment and order dated 30.3.1987, suggests that on 14.12.1985, the parties made the statements accepting the joint ownership of the property with each holding50% share in it and also agreed for the final decree being passed by the Court deciding the mode of partition. The local Commissioner appointed, submitted his report and in this view of the matter, the Court passed the decree in the following terms:- "A.. xxx xxx B. xxx xxx C. As and when any Plans for carrying only alterations, additions or reconstructions of any portion in the respective occupations of the parties are required to be filed, neither party shall withhold its submission to the appropriate authorities, by refusing to sign the requisite papers. In case any party raises an objection or refuses to give consent within 60 days of the submission of papers, the Registrar of this Court will be authorised to sign the necessary documents in that behalf. The report of the Local Commissioner/Architect as also the plan annexed with this judgment shall form part of the decree."
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