Synopsis

The plaintiff filed a suit for partition of a 3‑BHK flat in Rohini, Delhi. A preliminary decree was already passed on 19th December 2025 declaring the plaintiff and the three defendants as having 1/4th share each. The property could not be divided by metes and bounds. Mediation failed. The parties jointly requested the court to pass a final decree and appoint a Local Commissioner for sale of the property through inter se bidding, private sale, or public auction. The court passed the final decree, appointed a Local Commissioner, and directed defendant No.1 to withdraw a related pending injunction suit. The court also clarified that the missing original title deed (for which an FIR was lodged) would not prevent the sale based on certified copies.

Court: High Court of Delhi at New Delhi

Coram: Justice Mini Pushkarna

Date of Judgment: 16th April 2026

Citation: CS(OS) 934/2025

Core Law: Code of Civil Procedure, 1908 – Order XX Rule 18, Order XXI Rule 66; Partition of immovable property

2. Legal Framework

Major laws and provisions involved

• Code of Civil Procedure, 1908 – Order XX Rule 18 (decree in partition suits), Order XXI Rule 66 (sale of immovable property by public auction)

• Delhi High Court (Original Side) Rules, 2018 – Chapter XXIV (procedure for sale by Commissioner)

Key legal principles applied

• Partition when property cannot be divided by metes and bounds: Under Order XX Rule 18 CPC, if the property is not capable of division by metes and bounds, the court can order sale of the property and distribution of proceeds among the co‑sharers.

• Final decree in partition suit: After a preliminary decree declaring shares, a final decree can be passed directing the mode of partition, including sale through inter se biddi

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