1. By the present order, this Court proposes to dispose of an application filed by the plaintiff under Order 39 Rule 4, CPC praying inter alia for modifying the order dated 22.8.1990 and excluding the parcel of Land bearing Survey No.304 and 305, Lal Bahadur Shashtri Marg, Mulund, Mumbai, admeasuring 15049.80 sq. mtrs. (approximately 18000 sq. yds.) hereinafter referred to as the Mulund Land, from the status quo order made applicable to all the properties, subject matter of the suit.

2. Before proceeding to deal with the merits of the application, it is necessary to briefly refer to the relevant facts resulting in the filing of the present application. The accompanying suit was instituted by five daughters of late Shri Dharam Chand Anand and Smt. Charan Kanta Anand against their four brothers and one sister, for partition and injunction claiming inter alia that after the death of their parents, all the children had equal share to the extent of 1/10th share each in the properties left behind by their parents, as detailed in paras 3 and 6 of the plaint.

.3. The aforesaid suit was registered vide order dated 22.8.1990 and summons were issued to the defendants. Along with the suit, the plaintiffs filed an interim application for stay, being I.A. No.6552/1990, on which an exparte ad interim injunction order dated 22.8.1990 was passed directing that in the meantime, the parties shall maintain status quo with regard to possession. It was further directed that the defendants shall not part with possession or encumber the properties in any manner whatsoever. The interim order is continuing to operate till date. During the pendency of the suit, settlements were arrived at between the plaintiffs and the defendants No.1 to 3 and defendant No.5.

4. Pursuant thereto, the plaintiffs No.3 and 4 and defendants No.1, 2, 3 and 5 jointly filed a compromise application under Order 23 Rule 3 CPC, being I.A. No.4441/1997. The said application was duly allowed, vide order dated 26.11.1997. Thereafter, the plaintiffs No.5 and defendants No.1 to 3 jointly filed an application for compromise being I.A. No.4699/1997, which was allowed and disposed of, vide order dated 26.11.1997. Lastly, the plaintiff No.2 and defendants No.1 to 3 filed a joint application for compromise being I.A. No.8861/1999 which was also allowed and disposed of, vide order dated 8.9.1999, thus leaving plaintiff No.1 on the record.

5. In the meantime, the defendants No.1 to 3 filed an application for seeking modification of the interim order dated 22.8.1990, being I.A. No.9423/2001. By way of the aforesaid application, the defendants No.1 to 3 sought modification of the exparte interim order dated 22.8.1990 and directions to the effect that the interim order of status quo be made applicable on all properties which are subject matter of the suit except for the Mulund Land. Notice was issued on the aforesaid application on 5.10.2001.

6. In the year 2003, the defendant No.4, Shri Satish Chand Anand filed an application, being I.A. No.2572/2003, praying inter alia for transposing him as a co-plaintiff. The said application was filed on 19.2.2003 when the plaintiff No.1 had yet to arrive at a compromise with defendants No.1 to 3. On 10.11.2004, the plaintiff No.1 and defendants No.1 to 3 filed a joint compromise application registered as I.A. No.7583/2004, which was allowed and disposed of, vide order dated 10.11.2004

7. As the plaintiff No.1 arrived at a settlement with the defendants No.1 to 3, as recorded in the order dated 10.11.2004, the aforesaid application of the defendant No.4 was simultaneously allowed and he was permitted to be transposed as the plaintiff in the suit. Thereafter, on 23.2.2005, the transposed plaintiff, erstwhile defendant No.4 filed an application, being I.A. No.1653/2005 under Order XII Rule 6 CPC seeking a decree on admissions made by defendants No.1 to 3 regarding the Mulund Land. Notice was issued on the aforesaid application on 1.3.2005