( 1 ) THESE two appeals have arisen out of a common judgment dated 4th March, 1985 passed by the learned Additional District Judge, Delhi in Suits No. 16 and 17 of 1984. Regular First Appeal No. 165/85 has been filed by the legal heirs of Late Shri Harnam Singh, (plaintiffs before the trial Court) because their suit for declaration and injunction was dismissed by the impugned judgment. Regular First Appeal No. 164/85 has been filed by them because of the judgment and decree having been passed in favour of respondent no I in her suit for possession and injunction. The question which this Court is called upon to determine is whether any right accrued to plaintiff in the property in dispute on account of codicile and what is the effect of their withdrawal of the suit without permission. So far as R. F. A. No. 164/85 is concerned, we have to consider whether the Court was justified in decreeing the suit of respondent no. I without recalling the order of consigning the suit to record after staying the suit sine die.

( 2 ) SHRI Hardit Singh Multani was the original owner of property beaming No. XVI/10204 known as (Anand Bhavan), Gurdawara Road, Karol Bagh, New Delhi. He died on