OM PRAKASH POPLI Vs. RAJ KUMARI BATRA

JUDGEMENT

(1.) The case at hand is a first appeal which has been filed under Sec. 96 and Order XLI Rule 1 of The Code of Civil Procedure, 1908 against the Judgment and preliminary decree dtd. 11/12/2014, passed by the learned Additional District Judge-06, Central Delhi, wherein the learned Additional District Judge decided the Civil Suit No. 46/11/08 titled as Raj Kumari Batra vs. Om Prakash Popli and Ors. which was a suit for partition and permanent injunction (hereinafter referred to as the 'impugned judgment').

(2.) The appeal arises from a suit brought by Respondent No. 1/Smt. Raj Kumari Batra in the Court of the learned Additional District Judge, Central Delhi, for partition and permanent injunction with respect to the property bearing No. C-II/ 55-56 situated at Lajpat Nagar, New Delhi (hereinafter, referred to as 'suit property') upon the death of the mother of the parties Smt. Laxmi Devi (hereinafter referred to as 'the deceased testatrix'). Vide the impugned judgment, the learned Trial Court passed a Preliminary Decree of partition by metes and bounds in favour of Respondent No. 1 in respect of the suit property consisting of ground floor, first floor and second floor, except the basement floor to the effect that the parties were entitled to 1/5th share each in the suit property. Facts germane for the adjudication of the present Appeal are as follows:

(3.) The factual matrix which emerges out of a perusal of the records is that Shri Om Prakash Popli, Shri Rajender Popli and Shri Subhash Chand Popli (hereinafter referred to as 'Appellant No. 1, Appellant No. 2 and Appellant No. 3', respectively) and Smt. Raj Kumari Batra and Shri Prem Nath Popli (hereinafter referred to as 'Respondent No. 1' and 'Respondent No. 2', respectively) were all real siblings born to Late Shri Dayal Chand Ulfat and Late Smt. Laxmi Devi. As per the pleadings of the parties, Appellant Nos. 1, 2 and 3 had been residing in the suit property, whereas Respondent No. 1 was married and residing with her husband in Agra and Respondent No. 2 was a resident of Canada.