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2018 (4) TMI 732 - DELHI HIGH COURTGrant of a preliminary decree for partition of property - defendants has argued that the plaintiff No.1 was thrown out from the HUF since he had sold some other properties of the HUF - Held that:- A preliminary decree for partition be drawn up. On enquiry, it is informed that the property is constructed over land admeasuring 200 sq. yds. and comprises of ground, first and half second floors and is not divisible by metes and bounds. No purpose will thus be served in deferring the passing of the final decree for partition. A final decree for partition of property No.E-2, South Extension PartI, New Delhi is also passed, of sale of the property and distribution of sale proceeds amongst the parties as per their shares declared in the preliminary decree for partition. The parties shall however, before putting the property to sale to an outsider, be entitled to make inter se bids amongst themselves, with the highest bidder paying the value of the share/s of other/s. The Gift Deeds aforesaid are also declared to be null and void to the extent inconsistent with the shares declared in the preliminary decree for partition.
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