Pradeep Nandrajog, J. (Oral)

1. Having heard learned counsel for the appellants we find no case made out to even issue a notice in the appeal which lays a challenge to an order dated February 19, 2014 passed by a learned Single Judge of this Court in CS (OS) No.1525/2012 passing a preliminary decree declaring the respondents and appellant No.1 to be having 1/3rd share each in property No.D-690, Chitranjan Park, New Delhi.

2. Late Sh.Prosun Kanti Bhadra was the owner of property No.D-690, Chitranjan Park, New Delhi. He died intestate on June 21, 2003. He was survived by his wife Ms.Gouri Bhadra, daughter Ms.Swapna and son Sh.Goutam Bhadra.

3. The mother and the daughter sued for partition claiming to be Class I heir of the deceased and needless to state pleaded that the mother and the daughter had 1/3rd share each in the estate of the deceased and the remaining 1/3rd was that of the appellant No.1, who was impleaded as defendant No.1 in the suit and his wife the second appellant was impleaded as defendant No.2.

4. The appellants filed a written statement admitting that the suit property was the self acquired property of the deceased who died intestate on June 21, 2003. Admi