RAKESH KUMAR VERMA Vs. RADHA KRISHAN VERMA

JUDGEMENT

(1.) This is an application by the Plaintiffs seeking modification of the judgment and decree dated 30th November, 2015 and for taking on record the amended Memo of parties.

(2.) The background of the present suit is that the Plaintiffs and the Defendants are the legal heirs of Late Shri Raghunath Prasad Verma, who was the absolute owner of property bearing No. C-35, Rajouri Garden, New Delhi, admeasuring 1066 sq. yards (hereinafter, "suit property"). The suit for partition and permanent injunction was filed by three sons and one daughter of Late Shri Raghunath Prasad Verma against their three sisters, their brother - Late Shri Radha Krishan Verma and his son. The family tree is as under:- [xxx]

(3.) In the suit, vide order dated 24th February, 2014, an interim injunction was passed directing status quo to be maintained in respect of the suit property. On 11th September, 2014, the Will of Late Shri Raghunath Prasad Verma, dated 21st August, 1993, was produced in Court along with the original title deeds of the suit property. It was agreed by all the parties that the said Will is the last Will of Late Shri Raghunath Prasad Verma. Accordingly, a preliminary decree was passed by this Court on 11th September, 2014, in the following terms: -