SUDESH BALA Vs. VINOD KUMAR

JUDGEMENT

(1.) The appellants/plaintiffs, five in number, have challenged the judgment dated 23.10.2018, dismissing a suit for declaration, partition and permanent injunction [CS(OS) 632/2016] instituted by them against their brother (respondent No.1), sister-in-law (respondent No.2), nephew (respondent No.3) and mother (respondent No.4).

(2.) Before proceeding to examine the averments made in the plaint, it is relevant to record that despite service, the defendants/respondents had failed to appear in the suit proceedings. Vide order dated 05.05.2017, the right of the defendants to file the written statement was closed and vide order dated 04.07.2017, they were proceeded against ex-parte. The appellants/plaintiffs were then directed to lead their ex-parte evidence whereafter, arguments were addressed by learned counsel for the appellants/plaintiffs, resulting in passing of the impugned judgment, dismissing the suit. We may note that notice was issued in the present appeal on 09.01.2019 and on the said date an ex-parte status quo order was passed in respect of the title and possession of the suit properties situated in Laldora Abadi of Village Samalkha, Delhi. Despite service being effected on them, none of the respondents have entered appearance.

(3.) Coming to facts of the case, the appellants/plaintiffs instituted a suit for declaration, partition and permanent injunction against their brother, his wife and his son (respondents No.1 to 3) and their mother (respondent No.4). The prayers made in the suit were for passing a decree of declaration in respect of the following four Sale Deeds and one Gift Deed, declaring them to be as null and void and not binding on the appellants/plaintiffs:-