DR. AMRIT SRINIVASAN Vs. ASHOK SRINIVASAN & ORS.

JUDGEMENT

(1.) BY this order, I shall dispose of the application filed by the defendant No. 1, under Order VI, Rule 17 read with Section 151 CPC for amendment of his written statement. The plaintiff filed the above -mentioned suit for declaration, permanent & mandatory injunction and for possession against defendant No. 1 only, seeking prayer to declare the plaintiff to be the co -owner of Flat No. A -701, Manas Vihar Apartment, Mayur Vihar, Phase -I, Delhi -110091, with consequential relief of joint possession. The permanent injunction was also sought by the plaintiff for restraining the defendant from, in any manner, alienating, encumbering, transferring and/or creating third party interest in the above said flat and also in land measuring 1000 Sq. Yards bearing Khasra No. 31/98th share in Khasra Nos.1631/2 Min (1 -6), 1629/1 Min (1 -5), 1633/1 Min (0 -5), 1632 Min (0 -7), 1629/2 Min (0 -8) and 1633/2 Min (0 -2) situated in Vill. Aya Nagar, Tehsil Hauz Khas Mehrauli, New Delhi.

(2.) THE said suit was listed first time before the Court along with the interim application on 16.02.2010 when the Court passed the following interim order: -

(3.) AFTER filing the written statement, the plaintiff filed the application under Order VI, Rule 17 read with Order I, Rule 10 CPC being I.A. No. 12891/2010 for adding the prayers (cc), (dd) and (ddd) whereby, the plaintiff sought preliminary decree of partition. The said application was duly allowed vide order dated 13.01.2011, the operative portion of which reads as under: -