VALMIKI J. MEHTA, J.

C.M. No.4236/2018 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. No.4238/2018 (for condonation of delay)

2. For the reasons stated in the application, delay of 25 days in re-filing the appeal is condoned.

C.M. stands disposed of.

RFA No.107/2018 and C.M. No.4237/2018 (stay)

3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908(CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 31.10.2017 whereby trial court with respect to the subject suit for partition for two properties situated at Mumbai and Delhi has decreed the suit only as regards the Mumbai property by holding the appellant/plaintiff to be the half owner thereof but has dismissed the suit qua the second property by holding that the appellant/plaintiff has no co-ownership right in the property situated at Delhi being B-7/54/1, DDA Flats, Safdarjung Enclave, New Delhi.

4. The case set up by the appellant/plaintiff was that he was the owner of the Delhi property because this Delhi property was purchased by the respondent no.1/defendant no.1/father from the property which was owned by the appella