SUDHIR KHANNA Vs. JUGAL KISHORE KHANNA

JUDGEMENT

(1.) RFA No.439/2008 impugns the judgment and decree dated 28.07.2008 of dismissal of suit No.70/06/83 of the Court of Additional District Judge (ADJ), Karkardooma Courts, Delhi filed by the appellant Sh. Sudhir Khanna for partition of property bearing No.15 -D, Kamla Nagar, Delhi. RFA No.483/2008 has been preferred by the respondent No.1 Sh. Jugal Kishore Khanna (since deceased) and respondent No.2 Sh. Man Mohan Khanna in RFA No.439/2008 for setting aside of the finding on Issue No.4 in the same judgment and decree dated 28.07.2008, pertaining to property No.D -56, Malcha Marg, Chanakya Puri, New Delhi and claiming the same to be a joint family property with the appellants (in RFA No.483/2008) Sh. Jugal Kishore Khanna and Sh. Man Mohan Khanna having one half undivided share therein.

(2.) NOTICE of RFA No.439/2008 was issued and vide ex parte ad -interim order dated 12.11.2008 therein, the respondents therein were directed to maintain status quo with regard to possession and title of property No.D -15, Kamla Nagar, New Delhi. Vide order dated 24.08.2009, the name of the respondent No.5 Sh. Shyam Kishore Khanna in the said appeal who had died during the pendency of the suit and whose heirs were not brought on record, was struck off from the array of parties and the appeal admitted for hearing. The hearing of the appeal was expedited owing to the parties thereto being senior citizens. Compromise / settlement attempted remained unsuccessful.

(3.) THE interim orders in both the appeals have continued. The counsels have been heard.