VALMIKI J. MEHTA, J.

1. Three matters are being decided in terms of the present judgment. The three matters are:-

(i) CS(OS) No.575/2001 titled as Paramjit Anand Vs. Sh. Mohan Lal Anand (Deceased) through LRs & Ors.

(ii) CS(OS) No.1588/2007 titled as Mohan Lal Anand (Deceased) through LRs & Anr. Vs. Paramjit Anand & Ors.

(iii) Test. Cas. No.23/2007 titled as Naresh Anand Vs. State.

2. (i) CS(OS) No.575/2001 is the suit for partition etc of the property bearing no. J-5/129, Rajouri Garden, New Delhi. This suit was filed by two plaintiffs Sh. Paramjeet Anand and Sh. Suresh Chander Anand. Sh. Suresh Chander Anand who was the plaintiff no.2 in the suit has during the pendency of the suit got transposed himself as the defendant no.4 in the suit and he now supports the defendant nos.1 and 2 in the suit. Defendant no.1 in this suit is Sh. Mohan Lal Anand, father of the plaintiff and defendant nos.2 to 4. Sh. Mohan Lal Anand has also since expired and now the main contesting defendant is Sh. Naresh Chander Anand, defendant no.2. Defendant no.3 is Sh. Ramesh Chander Anand, son of Sh. Mohan Lal Anand and the brother of the plaintiff and defendant nos. 2 and 4. Defendant no.3 supports th