VIKRAM SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the order dated 27.04.2016 passed by the trial court, whereby the appellants' application under Order 39, Rule 1 and 2 CPC has been dismissed.

(3.) The suit was filed by the appellants - son and daughters of respondent No.2 Om Singh seeking cancellation of sale deed dated 08.05.2002 executed in favour of Girdhari Singh and subsequently by Girdhari Singh in favour of Rajendra Singh in the year 2008. It was, inter alia, claimed that the suit property was ancestral and, therefore, father Om Singh had no right to execute transfer in favour of the respondents without there being partition by metes and bounds.