JUDGMENT :

Rastogi, J.

1. Leave granted.

2. Both the appeals although arise from separate orders passed in the independent proceedings instituted but relates to partition of the estate of late Col. Kultar Singh Dhillon (for short K.S. Dhillon) who expired on 6th January, 2012 leaving behind two legal heirs, i.e. son Lt. Col. Paramjit Singh Dhillon and daughter Smt. Harinder Singh Ghuman.

3. Smt. Harinder Singh Ghuham filed a suit for partition in the High Court of Delhi on 14th February, 2012. At a later point of time, i.e. on 5th May, 2012, Lt. Col. Paramjit Singh Dhillon filed a suit in the Court of Civil Judge, SBS Nagar, Punjab on the basis of will of late Shri K.S. Dhillon. With the consent of parties, both the appeals are decided by a common judgment.

4. The brief facts are that late Shri K.S. Dhillon died on 6th January, 2012 leaving behind two legal heirs, i.e. son Lt. Col. Paramjit Singh Dhillon and daughter Smt. Harinder Singh Ghuman. Their mother and wife of late Shri K.S. Dhillon, Smt. Jatinder Kaur passed away on 1st June, 2004. There are no other legal heirs except the two siblings, namely, Smt. Harinder Singh Ghuman and Lt. Col. Paramjit Singh Dhillon who are senior citiz