SANJIV KHANNA, J.

1. This intra court appeal, RFA(OS) 55/2016 impugns order dated 2nd May, 2016 in CS(OS)1441/2008 and IA 10345/2010 passing a preliminary decree of partition holding that the respondent before us, the plaintiff in the suit, is 1/3rd owner of the second floor and above portion in the property bearing no. T-14, Green Park Extension, New Delhi (hereinafter referred to as ‘suit property’).

2. The suit property was originally owned by Padam Singh, father of Harendra Pal Singh, Rajendra Pal Singh, and Rishi Pal Singh. Harendra Pal Singh and Rajendra Pal Singh have expired and are now represented by their legal representatives. They are the defendants in the suit and appellants before us.

3. Chandra Kala Devi, wife of Padam Singh, had filed a civil suit CS(OS) 163/1980, impleading the three sons namely Harendra Pal Singh, Rajendra Pal Singh, and Rishi Pal Singh as defendants for declaration and injunction of the entire property i.e. T-14, Green Park Extension, New Delhi. The suit ended in a compromise decree dated 22nd October, 1980. The parties have not been able to trace out and place a copy of the plaint, written statement, compromise application, and the compro