SEEMA KOHLI Vs. SUNIL DUA

JUDGEMENT

(1.) This application has been filed by the plaintiff under Order XII Rule 6 read with Order XX Rule 18 of the Code of Civil Procedure, 1908 (in short, 'CPC'), praying for a preliminary decree of partition to be passed, thereby declaring the plaintiff and defendant nos. 1 to 3 to be each owning a 1/4th share in property bearing No. A-7, Bhagwan Dass Nagar, East Punjabi Bagh, New Delhi (hereinafter referred to as 'Suit Property'). The plaintiff asserts that since there are no triable issues that arise to be adjudicated by this Court, a preliminary decree ought to be passed in the Suit.

(2.) In the plaint:-

(3.) The learned senior counsel for the plaintiff asserts that ownership of one-half share of the Suit Property of the defendant no.4 cannot be disputed by defendant nos. 1 and 2. He submits that defendant nos. 1 and 2 had earlier filed a Suit challenging the Relinquishment Deed dtd. 11/10/2007 executed by them in favour of defendant no. 4. The said Suit was, however, withdrawn by defendant nos. 1 and 2, thereby abandoning their challenge to the Relinquishment Deed dtd. 11/10/2007 and/or to the title of defendant no.4 to one half share in the Suit Property.