1. Application of the defendants, being IA No.12861/2016 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), for rejection of the Counter Claim is for adjudication.

2. This Counter Claim, inter alia for partition of property no.B-9, West End Colony, New Delhi – 110 021, was filed in CS(OS) No.1352/2012 filed for partition of property no.C-31, West End Colony, New Delhi – 110 021.

3. Vide order dated 5th December, 2013 on application under Order XII Rule 6 of the CPC of the defendants herein (who were plaintiffs in the suit), a preliminary decree for partition was passed in the suit declaring the two defendants herein and the counter-claimant to be having 1/3rd undivided share each in the property no.C-31, West End Colony, New Delhi and this Counter Claim ordered to be tried separately. Since then, the suit has been disposed of vide order dated 4th December, 2017, by passing a final decree for partition of property no.C-31, West End Colony, New Delhi, by sale thereof and distribution of sale proceeds in terms of the shares declared in the preliminary decree dated 5th December, 2013 of partition.

4. The Counter Claim, as per amended Counter Claim dated 5th Augu