S. Ravindra Bhat, J.

1. The appellant in RFA(OS) 76/2013 [hereafter referred to as "Satyapal"] is aggrieved by a decree for possession. He is also aggrieved by the dismissal of his suit [CS(OS) 1399/2011] by the same common judgment of the learned Single Judge dated 01.07.2013. Satyapal was plaintiff in the at suit (for declaration and consequential relief- hereafter "declaration suit") and the defendant in CS (OS) 1480/2011. The respondent in the RFA(OS) 76/2013 who filed CS(OS) 1480/2011, ("the possession suit), and who is the brother of Satyapal shall hereafter be referred to as "Sudhir".

2. Satyapal had sought the relief of declaration and consequential injunction in respect of property being one-half share of the premises - a 21/2 storeyed property at K-155, Hauz Khas Enclave [hereafter referred to as "the suit property"]. Sudhir, in the possession suit, sought for a decree of possession and mesne profits, in respect of the suit property. The third proceeding, being FAO(OS) 327/2013 is preferred by Sudhir, who claims to be aggrieved by the said common order which decreed his possession suit and at the same time rejected the plaint in Satyapal's declaration suit to the