The High Court of Delhi has passed a final decree in a partition suit concerning a 3-BHK flat in Rohini, declaring that the property cannot be divided by “metes and bounds” among its four shareholders. Presided over by Justice Mini Pushkarna, the Court directed the sale of the property through inter-se bidding or public auction and appointed a Local Commissioner to oversee the process.
Background of the Case
The suit was filed for the partition of a 3-BHK flat bearing No. B-704, 7th Floor, Kedar Apartments, Sector-9, Rohini, Delhi-110085. A preliminary decree had already been passed on December 19, 2025, which declared the plaintiff, Padam Sagar Baveja, and the three defendants as having a $1/4^{th}$ share each in the property.
Following the preliminary decree, the parties were referred to mediation. However, a report dated March 23, 2026, confirmed that the mediation proceedings had failed.
Arguments and Submissions
During the proceedings, the counsels for both the plaintiff and the defendants were “ad-idem” (in agreement) that since the property is a single 3-BHK flat with four shareholders, physical division (division by metes and bounds) is not feasible. They jointly submitted that the property would need to be sold, either through inter-se bidding between the parties or a private sale, and failing those, through a public auction.
The plaintiff’s counsel informed the Court that the original title deed of the property is missing and that a First Information Report (FIR) has been lodged in this regard. However, it was noted that the property remains freehold.
Furthermore, it was brought to the Court’s attention that Defendant No. 1 had filed a separate suit for permanent injunction (Suit No. 17 CS DJ 920/2025) in the Rohini District Courts, where an order dated November 26, 2025, had restrained the creation of third-party rights in the property.
Court’s Analysis and Directions
Justice Mini Pushkarna observed that since all parties agreed on the sale of the property, the injunction order from the District Court should not impede the process. The Court clarified:
“Since the parties are ad-idem that the suit property is to be sold, it is clarified that the order dated 26th November, 2025 passed by the District Judge-III, North-West District, Rohini Courts, Delhi… shall not come in the way of sale of the present property.”
The Court also directed Defendant No. 1 to withdraw the pending injunction suit within two weeks. Regarding the missing documents, the Court directed the parties to cooperate in obtaining certified copies of the title deeds from the concerned authorities.
The Decision
The Court issued the following directions to conclude the matter:
- Final Decree: A final decree was passed declaring the plaintiff and the three defendants as equal owners (1/4th share each) of the Rohini flat.
- Local Commissioner: Ms. Prema Priyadarshini, Advocate, was appointed as the Local Commissioner (LC) to conduct the sale.
- Sale Process: The LC is first to conduct inter-se bidding or explore a private sale via mutual consent within six weeks. If unsuccessful, the LC will initiate a public auction as per Order XXI Rule 66 of the Code of Civil Procedure, 1908.
- Valuation: The LC is authorized to obtain a valuation from a Government-approved valuer.
- Fees: The LC’s fee was fixed at ₹3 Lacs, to be shared equally by all parties, along with valuer fees and out-of-pocket expenses.
The Court disposed of the suit and pending applications, scheduling the matter before the Joint Registrar (Judicial) for compliance on July 21, 2026.
Case Details:
- Case Title: Padam Sagar Baveja v. Neeti Singh & Ors.
- Case No.: CS(OS) 934/2025
- Bench: Justice Mini Pushkarna
- Date: April 16, 2026
