JUDGMENT

H.L.GOKHALE,J.

(1) This appeal seeks to challenge the judgment and order dated 27.1.2009 rendered by a Division Bench of the High Court of Delhi in FAO (OS) No.290 of 2008 whereby the Division Bench has set aside in part the decision rendered by a learned Single Judge who had dismissed the application moved by the respondent No.1 (defendant No.1) under Order VII Rule 11 of the Code of Civil Procedure,1908 by his judgment and order dated 7th April, 2008.

(2) Heard Mr. Shyam Diwan learned senior counsel appearing on behalf of the appellants and Mr. C.A. Sundaram learned senior counsel appearing on behalf of the respondents.

(3) The brief facts leading to this appeal are that one Ajit Singh filed a Suit bearing No.2167 of 1993, on the Original Side of Delhi High Court for partition of property against his sister Ms. Adarsh Kaur Gill and some others. He filed the suit in his capacity as the Administrator of the Will of his deceased sister Smt. Abnash Kaur. The prayers in the suit were as follows:

(a) pass a preliminary decree of partition of the property bearing No.3, South end Road, New Delhi, more particularly shown on the plan, and thereafter, pass a final decree partitioning