Vipin Sanghi, J.

1. The Plaintiff has filed the present suit for partition and permanent injunction in respect of property bearing No. 16A, Westend, New Delhi. The substantive reliefs prayed for in the suit reads as follows:

pass a preliminary decree of partition declaring that the Plaintiff and Defendants each have 1/3rd share in property No. A-16, Westend, New Delhi - 110021; and thereafter appoint a Local Commissioner to partition the suit property by metes and bounds and pass a final decree after considering the report of the Local Commissioner ; and pass a decree of permanent injunction in favor of the Plaintiff and against the Defendants restraining them from creating any third party rights/interest in any manner whatsoever in the property No. A-16, Westend, New Delhi - 110021;

pass a decree of permanent injunction in favor of the Plaintiff and against the Defendants restraining them from making any additional construction and/or alterations in the property No. A-16, Westend, New Delhi - 110021; and

2. Defendant No. 2, now deceased, was the mother of the Plaintiff, while Defendant No. 1 is the sister of deceased Defendant No. 2. Defendant No. 2 passed away on 28.12.2