Rajiv Sahai Endlaw, J.

1. This appeal impugns the judgment and decree dated 13.09.2004 of the Court of Additional District Judge (ADJ), Delhi of dismissal of suit No.247/1998 filed by the appellant/plaintiff for partition of property No.II-F/6, Lajpat Nagar, New Delhi and Shop No.81-A, Khanna Market, Lodhi Colony, New Delhi along with a strip of land adjacent thereto.

2. Notice of the appeal was issued and vide ex parte ad-interim order dated 22.11.2004, the parties directed to maintain status quo with regard to title and possession of the suit properties. The appeal, vide order dated 17.08.2006, was admitted for hearing and the ex parte ad-interim order made absolute till the disposal of the appeal. The parties being closely related, mediation was attempted on two occasions but remained unsuccessful. No.12915/2009 filed by the predecessor of the respondents / defendants No.1 under Order 39 Rule 2A and 4 of the CPC was vide order dated 22.07.2013 directed to be taken up along with the hearing of the appeal.

3. The counsels have been heard.

4. The appellant/plaintiff instituted the suit from which this appeal arises against his brother Sh. Jagdish Lal who died during the