PRADEEP NANDRAJOG, J.

( 1 ) VIDE order dated 20. 1. 2004, following issues were framed:-

1. WHETHER besides the properties mentioned in the plaint, properties being (i) No. 110/173 (Old No. 110/125), Mohalla Ram Kishan Nagar, Kanpur, (ii) no. 122/619, Shastri Nagar (Motiapurwa), Kanpur and (iii) No. A-1, Gali No. 4, Anand parbat, Delhi, are joint properties and are also liable to be partitioned?opd 4-7 2. Whether the memorandum of family settlement dated 30. 5. 1996 executed amongst the plaintiff and defendants Nos. 1,2 and 3 is admissible in evidence and if so, its effect? OPP 3. Whether the unregistered deed of family arrangement dated 10. 8. 1978 is admissible in evidence? If so, its effect? OPP 4. If aforesaid issue is answered in favour of the plaintiff, whether the same could be and was acted upon by the parties and if so, its effect? 5. Whether the plaintiff is entitled to a declaratory decree, as prayed for? opp 6. In the event of aforesaid issue is decided against the plaintiff what are the shares, if any, of the parties in the joint properties and what directions are required to be given for the purposes of partition by metes and bounds? Onus on the parties. 7. Relief.

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