HARPHOOL SINGH Vs. DAROPTI & ORS

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure, 1908 impugns the judgment and preliminary decree dated 18th August, 2001 of partition (of property bearing Municipal no.16/700E, Bapa Nagar, Tank Road, Dhobi Wali Gali, Karol Bagh, New Delhi which is stated to be constructed over land ad measuring 45 sq. yds.) in Suit No.34/1991 of the Court of Dr. Naipal Singh, Additional District Judge, Delhi declaring the plaintiff in the suit to be entitled to one half share in the property. By the said judgment and decree, the defendants in the suit were also restrained from transferring, alienating or parting with possession of the property till the implementation of the partition.

(2.) Notice of the appeal was issued and vide ad interim order dated 15th April, 2002 the Trial Court was restrained from passing the final decree for partition. The appeal, on 8th October, 2002 was admitted for hearing and the interim order made absolute. The appeal came up for hearing on 22nd February, 2011 when in the absence of the parties or their counsels the impugned judgment and decree was set aside and the appeal allowed. The legal heirs of the plaintiff in the suit preferred Special Leave Petition (Civil) No.12513/2011 to the Supreme Court which was granted and Civil Appeal No.7717/2013 was allowed on 2nd September, 2013 and the judgment dated 22nd February, 2011 of this Court allowing the appeal was set aside and the appeal remanded for decision afresh after hearing the counsels. The counsels have been heard.

(3.) The appeal arises from the suit instituted on 18th January, 1991 by one Shri Beni Prashad being the predecessor in interest of the respondents no.1 to 6 namely Smt. Daropti, Smt. Rajkumari, Ms. Arti, Master Deepak, Ms. Puja and Smt. Sushma in the present appeal, pleading,