Rajiv Sahai Endlaw, J.

1. This judgment adjudicates the objections of the defendants in the suit and respondents in the testamentary case as to the very maintainability thereof.

2. The plaintiff Shri Bharat Kumar has instituted CS(OS) No.1517/2010, (a) for partition of property No.92, Golf Links, New Delhi; (b) for rendition of accounts with respect to the rental received by the defendants no.1&2 from the said house w.e.f. 17th January, 2008; (c) for perpetual injunction restraining the defendants no.1&2 from dealing with the property; and, (d) for a direction to the defendant no.5 McKinsey & Company to handover vacant peaceful physical possession of the said property upon termination of its lease, jointly to the plaintiff and the defendants no.1&2.

3. Summons of the suit were issued and vide ex parte ad interim order dated 28th July, 2010 the defendants were restrained from creating any third party interest in the property No.92, Golf Links, New Delhi. Separate written statements were filed by the defendants no.1&2 on the one hand and the defendants no.3&4 on the other hand. The counsel for the defendant no.5 McKinsey & Company on 19th November, 2010 informed that it w