INDIRA BANERJEE, J.

1. This appeal is against an order dated 19/03/2015 passed by the Ld. Single Judge, in an application filed by the respondent, being the defendant, in the Partition Suit being CS (OS) No. 617 of 2011 under Section 151 of the Code of Civil Procedure whereby the learned Single Judge granted permission to the respondent to occupy the 1st floor of the property being No. 12 Road No. 42 West Punjabi Bagh, New Delhi, hereinafter referred to as the suit property.

2. The appellants, being the plaintiffs in the Suit, and the respondent being the defendant in the said suit, are registered owners of the suit property, their shares being 74% and 26% respectively. The suit property has jointly been mutated in the joint names of the appellants and the respondent.

3. In 1991, the appellants and the respondent purchased the suit property along with one Mr. Sanjay Aggarwal, through separate registered deeds of conveyance. The appellants, the respondent and the said Mr. Sanjay Aggarwal are all members of the same family.

4. At the time of purchase of the suit property, there was only an old structure thereat. In July 2009, the appellants, the respondents and Mr. Sanjay Aggar