MANMOHAN SINGH, J.

1. By this order, I shall dispose of the plaintiff?s application under Order 39 Rule 4 of the Code of Civil Procedure, 1908 (hereinafter referred to as „CPC?) being I.A. No.11196/2009 wherein it is prayed that the order dated 3rd February, 2004 be modified and in addition to earlier order defendants No.2 to 4 be restrained thereby to (a) not to cause any construction in the suit plot; (b) to handover the peaceful possession to the plaintiffs and (c) alternatively to seal the suit property in question.

PRESENT APPLICATION

2. The above mentioned application has been filed by the plaintiff under Order 39 Rule 4 read with Section 151 CPC mainly on the ground of change of circumstances, namely:- a) That Mr. Sunil Gupta, defendant No.3 has started the construction in the plot bearing No.W-137, Greater Kailash Part-II, New Delhi in the month of August, 2009. b) That probate has been granted in favour of the plaintiff vide order dated 14th January, 2009 in Probate Petition No.46/2006 which is a judgment in rem and no appeal has been filed against any Class-I legal heirs of late Sh. Harbhagwan and the plaintiffs are legally authorized to administer all the propert