SULABH PURI Vs. SUDHIR PURI

JUDGEMENT

(1.) PRESENT suit for partition has been filed by the children of Defendant no. 1 seeking partition of property bearing No. I -35, Jangpura Extension, New Delhi admeasuring 200 sq. yd., which is a three storied house and which was initially allotted to the great grandfather of the plaintiffs in lieu of ancestral property left behind by him in Pakistan.

(2.) IT is stated in the plaint that plaintiffs are estranged from their father, namely, defendant no. 1 herein and it is only on 26 th May, 2012 that they came to know about pendency of a suit for partition between their father and his brother as well as sister, namely, defendant nos. 2 and 3 herein. It is further stated in the plaint that subsequently, plaintiffs learnt that on 30 th July, 2010 this Court in a suit for partition being CS(OS) 136/2009 filed by the defendant no.3 had passed a preliminary decree holding each of the defendants no. 1, 2 and 3 to be entitled to one -third share.

(3.) IT is pertinent to mention that plaintiffs' first cousin defendant no. 4, that means son of plaintiffs' uncle/defendant no. 2 had filed a suit being CS(OS) 2954/2011 for partition, declaration and permanent injunction against defendant nos. 1, 2 and 3. On 10th April, 2012, the said suit was dismissed by another learned Single Judge of this Court. Even an appeal filed by defendant no. 4 being RFA(OS) 51/2012 was dismissed by a Division Bench of this Court vide order dated 16th May, 2012. The relevant portion of the Division Bench's order is reproduced hereinbelow: -