S RAVINDER SINGH & ORS Vs. DAVINDER SINGH

JUDGEMENT

(1.) The plaintiffs have instituted the present suit seeking the relief of partition of the shop bearing No. 863, Lajpat Rai Market, Delhi 110006, pleading:

(2.) This Court issued summons in the suit to the defendant on 29.11.2011 and directed the parties to maintain status quo in respect of the suit property. Though the defendant entered appearance through counsel on 19.04.2012 and sought time to file the written statement but remained unrepresented thereafter. Accordingly, the defendant was proceeded ex parte vide order dated 08.11.2012 and the plaintiffs directed to file affidavits by way of evidence. Subsequently, an application was also moved by the tenant Mr. Bhupinder Singh seeking impleadment of himself and MCD as being necessary and proper parties, but the same was withdrawn on 23.09.2013. The suit was thereafter posted for ex-parte hearing for today.

(3.) The plaintiffs have examined two witnesses in support of their case. The first witness is plaintiff no. 1 himself whose affidavit filed by way of evidence is a reiteration of the contents of the plaint noted above. The plaintiff no. 1 has tendered into evidence the following documents: