VALMIKI J. MEHTA, J.

C.M. Nos. 29033-29035/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.Ms. stand disposed of.

RFA No. 723/2017 and C.M. No. 29032/2017 (stay)

2. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit which was filed by the respondents/plaintiffs for partition of the suit property bearing No. B-271, Qutub Vihar, Golya Dairy, New Delhi. The property is situated on a plot of 50 sq. yds. The respondents/plaintiffs are the widow and the minor child of the deceased Sh. Arun Kumar who was the son of Sh. Amarnath. By the impugned judgment dated 5.4.2017, the suit for partition has been decreed by applying the provision of Order XII Rule 6 CPC.

3. As per the suit plaint filed by the respondents/plaintiffs, it is stated that the suit property was owned by Sh. Amarnath i.e husband of the appellant and who was the father of deceased Sh. Arun Kumar being the husband and father of the respondents/plaintiffs. In the written statement filed by the appellant/defendant it was not disputed that the suit property did in fact belong to late Sh. Amarnath. In the plaint, it was stated that late Sh