MANMOHAN Vs. BALDEV RAJ

JUDGEMENT

(1.) THE appeal impugns the judgment and preliminary decree dated 6 th March, 2010 of partition (of the Court of Additional District Judge - 02 (North) Delhi in CS No.71/09 filed by the four respondents) declaring the four plaintiffs / respondents and the two appellants/defendants to be each having 1/6th share in property No. 2575 Raghubarpura No.2, Main Road, Gandhi Nagar, Delhi -32 and further declaring the Will dated 21 st March, 1984 of Shri Ram Dayal, being the father of the parties, set up by the two appellants to be null and void and yet further restraining the appellants from alienating the said property.

(2.) NOTICE of the appeal was issued and the trial court record requisitioned. The respondent No.2 Shri Somnath died during the pendency of this appeal and his legal representatives were substituted vide order dated 28th September, 2011. The appeal was on 17 th November, 2011 admitted for hearing. Mediation attempted remained unsuccessful. The appellant No.1 also died during the pendency of this appeal and his legal representatives were also substituted vide order dated 21 st August, 2012. Another mediation attempted between the parties also remained unsuccessful. One of the legal heirs of the appellant No.1 also died during the pendency of the appeal and her legal heirs were also substituted vide order dated 4 th July, 2013. The parties to the appeal being senior citizens, the appeal was posted for hearing in the category of regular matters of the senior citizens. The counsel for the appellants and the senior counsel for the respondents have been heard.

(3.) IT has been inquired from the counsel for the appellants, whether the Will dated 21st March, 1984 propounded by the appellants to deny the relief claimed by the respondents/plaintiffs of partition, has been disbelieved or has been held to be not proved by the appellants/defendants.