I.A. Nos.2449/2009 (Under Order XXXIX Rule 1 & 2), 8285/2009 (Under Order I Rule 10), 10885/2009 (Under Order XII Rule 6) & 4372/2010 (Under Order IX Rule 7) in CS (OS) 353/2009

S.Ravindra Bhat, J. This will dispose of the first defendant’s applications under Order XII Rule 6 CPC and under Order IX Rule 7 in the suit, which seeks permanent injunction to restrain the defendants from dispossessing the plaintiffs from the suit property, i.e. No. 204, Kailash Hills, East of Kailash, New Delhi, measuring 255.12 sq. yards and from creating interest in favour of any third party in respect of the suit property. I.A. No. 8285/2009 of the applicant under Order 1 Rule 10 seeking impleadment in the array of parties is also being decided.

2. A brief background of the suit is required for adjudication of this application. The suit avers that at the time of institution the first plaintiff was aged about 19 years and the second plaintiff (first plaintiff’s younger brother) was aged about 8 years. Being a minor, the second plaintiff sues through his elder sister (first plaintiff and next friend). The plaintiffs’ mother, i.e. Niti (second defendant and only daughter of the S.S. Marwah) is st