VALMIKI J. MEHTA, J.

C.M. Appl. No. 26262/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

RSA No. 191/2017

1. By this Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) the defendant in the suit impugns the concurrent judgments of the courts below; of the trial court dated 26.10.2012 and the first appellate court dated 27.2.2017; whereby the suit of the respondents/plaintiffs for injunction has been partly decreed and the appellant/defendant has been restrained from selling, alienating or creating third party interest in the first floor of the suit property. Rights were claimed by the respondents/plaintiffs in both first and second floors. The number of the suit property as per the plaint is the property 7503-7506, Kasabpura, Sadar Bazar, Delhi. The disputed portion is shown in red colour in the site plan. Respondents/plaintiffs claimed ownership of the suit property in terms of a registered Gift Deed dated 11.6.1973 executed by the erstwhile owner Mohd. Yasin in favour of the predecessor-in-interest of the respondents/plaintiffs Mohd. Ismail. Mohd. Ismail was the father of the re