(1.) The present Regular First Appeal has been filed by the four Appellants namely Tikka Shatrujit Singh, Maharaj Kumar Amanjit Singh (Deceased), Smt. Gita Devi and Maharaj kumari Preeti Devi against the two Respondents namely Brig. Sukhjit Singh and Maharaj Kumari Gayatri Devi under Section 96 of the Code of Civil Procedure read with Section 10 of the Delhi High Court Act against the judgment and decree passed by the learned Single Judge on 03.09.2004 in Suit No. 1052/1977 whereby the suit of the Appellants was dismissed except in respect of the preliminary decree qua exhibit DA and PW-1/1. The appeal was admitted and the status quo order was maintained during the pendency of the present appeal.
(2.) The Respondent No. 1 and Appellant No. 3 are husband and wife and are parents of Appellant Nos. 1, 2 (sons) and Appellant No. 4 and Respondent No. 2 (daughters). The Appellant No. 2 died intestate and his estate is inherited by his mother Appellant No. 3 during the pendency of the suit.
(3.) Originally the Suit was filed by the Appellants seeking separation of the shares of the Plaintiffs after the partition of the joint properties. In para 8 of the Plaint, the details of the co-parcenary properties have been given which are as under:
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