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Legal topic: Partition | City: New Delhi | Posted on 31 Oct 2017
 

A joint family house in New Delhi - singly owned and used by our father along with all of his children  and their families as and when needed, till he passed away in 2008. One of our brothers and his family dis-allowed all his other siblings to enter in that house since within 3 months of our father's death. With the result, we approached Delhi High Court for Partition, preliminary degree was passed establishing equal shares of 5 children of our father but announcing status co to be maintained of the house, since the brother who dis-allowed us to enter, remained in side the house. 


Since than he some how organised non- partition of the property by meats and bounds and managed to fail the mediation by not agreeing to any of the proposals given by the an ADV mediator deputed by the Delhi High court,  we managed to organise  inter-se bidding in between all 5 of us and since one of was declared winner - we all 4 who were out side the house tried to deposit his share in the court but he objected to our joining together in front of the judge and the single judge listened to his request. We went to double bench and sought Delhi HC DB permission to deposit his share by us together as per Partition Act in 2012. 

Against DB order the Wrong Doer went to the  Supreme Court and could manage to get his application accepted and kept the case in Supreme Court from 2012 till 2016. and in 2016 SCI rejected his application but passed the order for another Public Auction and sent the case back to Delhi High Court for early execution and completion of the case. The case had come to the court of the same Judge, who had originally passed the preliminary degree and hired an LC to complete the formalities of the Auction. Till the collection of the fees the LC had no objection of us all 4 being together and to participate together in the public auction bidding, the auction took place and again one of us 4 won the bid in Public Auction. In the mean time, the High Court Judge got shifted from that court and the new Judge transferred our case to Delhi Dist. Saket Court for finalisation. in the mean time our Advocate Mr Bhasin an old gentleman fell sick and passed.

Now the District judge has passed the latest Order/Judgment for depositing 4 shares despite our submission of joint agreement. 
During this case in DHC and SCI we have filed our applications for rent/mesne profits and we were told by then Judges that every thing looked into at the time of final Judgment.

Kindly advise what are options available for us regarding:
1- Rent/Mesne Profits/ cost/interest Breach of Trust etc.
2- Regarding our case to approach DHC or SCI directly. 
I would like to mention here that all of us litigants are senior citizens.

Sudesh Chadha
Status: / 4

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