V.K. Shali, J.

1. This is an appeal filed by the appellant under Section 96 of the CPC read with Order 41 Rules 1 and 2 and Section 10 of the Delhi High Court Act, 1966 against the preliminary decree dated 7th January, 2008 passed by the learned Single Judge in case titled as Abhay Sapru v. Chitralekha Bukshi and Anr. bearing No. CS (OS) 192/1999.

2. By virtue of the impugned judgment, the learned Single Judge has held that both the plaintiff and defendant No. 1 have equal shares i.e. - share in the property bearing No. 16A, Westend, New Delhi and further that they are bound by the family settlement Ex.D1/3 till the time the final decree for partition is not passed by metes and bounds by the Court.

.3. Briefly stated the facts leading to the filing of the present appeal are that property No. 16A, Westend, New Delhi measuring 1205 sq. yards was sub-leased to Late Lt. General B.M. Kaul by Diplomatic Enclave Extension Cooperative House Building Society Ltd. Lt. Gen. Kaul built a single storied house on the said piece of land and passed away on 18th April, 1972 leaving behind his widow Smt. D.K. Kaul and two daughters namely Smt. Chitralekha Bukshi respondent and Smt. Anuradha