1. The petitioners are aggrieved by an order dated 10.9.2007 whereby A an application made by the petitioners under Order 7 Rule 11 CPC was dismissed.

.2. The brief facts relevant for the purpose of deciding this petition are that respondent Om Prakash Gupta had filed a suit against his brother Subhash Chand Goel and others in respect of property No. B-1/26, Vasant Vihar, New Delhi. In the suit he alleged that the property in question measured 400 sq. yards and at the time of execution of sub-lease by the superior lesser i.e. defendant no.6, sublease was granted in the joint names of plaintiff and defendant no.1 in the year 1971. The two brothers thereafter partitioned the plot into two parts and Western portion was taken by defendant no.1 and eastern portion by the plaintiff. Both the brothers raised construction on their parts separately and after construction, occupied their constructed portions separately. Plaintiff alleged that defendant made incomplete construction of a three storeyed house on his portion of plot without obtaining a sanctioned plan from MCD and started living there in few rooms from 1992 onwards and he lived there till 18.1.1996. He then moved to 289 Tarun E

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