SUNITA ARORA & ORS Vs. SHASHI BALA

JUDGEMENT

(1.) C.M. Nos.34779-80/2018(exemption)

(2.) For the reasons stated in the application, delay of 120 days in re-filing the appeal is condoned.

(3.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit (along with the defendants who supported the appellant no.1/plaintiff) whereby trial court has only partially decreed the suit for partition filed by the appellant no.1/plaintiff. Suit for partition was filed by the appellant no.1/plaintiff for the first floor, second floor and terrace on the second floor of property bearing no.281, Hauz Rani, Malviya Nagar, New Delhi. Suit has been decreed only with respect to the first floor of the property, and the same has been dismissed qua the relief seeking partition of the second floor and terrace over the second floor, on the ground that the said portions of the property stood transferred by the original owner/Smt. Sudarshan Kumari/mother to the defendant no.1/daughter, and which defendant no.1 is the sole respondent in the present appeal.