(1.) Briefly stated, the plaintiff has filed the Suit for Partition of Property bearing No. G-88, Preet Vihar, Delhi claiming share to the extent of 7/10 in the same, along with 1/5th share in Shop No. 1831/7, Naraina Bazar, Bhagirath Place, Chandni Chowk, Delhi and in the movable assets left behind by Late Shri M.M. Khullar, father of the plaintiff and the defendant No. 1.
(2.) Along with the Plaint, the plaintiff had moved an Application bearing No. 7033/2008 under Order XXXIX Rules 1 and 2 and Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC, 1908') for restraining the defendants from creating third-party interest in the joint properties which were the subject matter of the Suit, till the disposal of the Suit and to maintain status quo regarding possession and title viz-a-viz., the aforesaid two suit properties.
(3.) The defendant Nos. 1 and 2 filed their Written Statement denying the averment that Late Shri M.M. Khullar had died intestate, but claimed that he had left the registered Will dtd. 19/6/2004 by virtue of which the properties were bequeathed to the defendant No. 1.