C. HARI SHANKAR, J.

1. This appeal, at the instance of Defendant No. 4 in CS(OS) 1134/2008, is directed against para 4 of the order, dated 26th May, 2017, and para 5 of the consequent order, dated 30th May, 2017, passed by the learned Single Judge in IA 6909/2017, filed by the Defendant No. 4 in the aforementioned civil suit.

2. The plaintiff, and Defendants 1 to 4 in CS (OS) 1134/2008, are all descendants, to a greater or lesser degree, of Niamat Sahni. Niamat Sahni had one son and daughter. The plaintiff in CS (OS) 1134/2008, who is the appellant before us, is her son Shyam Sahni. The daughter of Niamat Sahni, Usha Prakash, died before the filing of CS (OS) 1134/2008. Defendants Nos 1 to 4, in CS (OS) 1134/2008, are Usha Prakash’s husband Sarabjit Prakash, and her three sons, Sanjeev Prakash, Rajeev Prakash and Arjun Prakash, who is the appellant before us.

3. The remaining defendants in the suit are purchasers of various portions of the suit property.

4. A tabular representation depicting the status of the various parties in CS 1134/2008 may be presented thus:

Name	Status in CS(OS)1134/2008	Status in the present appeal	Relationship Status
Shyam Sahni	Plaintiff	Respondent No. 1	S/o Niamat Sahni
Sarabjit Prakash	Defendant No. 1	Deceased	H/o D/o Niamat Sahni (Usha Prakash)
Sanjeev Prakash	Defendant No. 2	Respondent No. 2	S/o Sarabjit Prakash
Rajeev Prakash	Defendant No. 3	Respondent No. 3	S/o Sarabjit Prakash
Arjun Prakash	Defendant No. 4	Appellant	S/o Sarabjit Prakash
Douglas James Breckenridge	Defendant No. 5	Respondent No. 4	Buyer from Usha Prakash
Jhilmil Saxena Breckenridge	Defendant No. 6	Respondent No. 5	Buyer from Usha Prakash
Arif Sahid Khan	Defendant No. 7	Deceased	Buyer from Usha Prakash
Anish Wig	Defendant No. 8	Respondent No. 9	Buyer from Usha Prakash
Farida Abdulla Khan	Not a party (wife of Defendant No. 7)	Respondent No. 6	W/o Arif Sahid Khan
Ali Nawaz Khan	Not a party (son of Defendant No. 7)	Respondent No. 7	W/o Arif Sahid Khan
Abid Khan	Not a party (son of Defendant No. 7)	Respondent No. 8	W/o Arif Sahid Khan

5. For ease of reference, allusion, to the various parties, would be as per their status, as plaintiffs or defendants, in CS (OS) 1134/2008.

6. Though the issue in controversy is extremely limited, it is necessary, in order to adjudicate thereon, to walk, once again, the path followed by the suit, in the proceedings before the learned Single Judge.

7. The property at No 68, Friends Colony (West), New Delhi (hereinafter referred to as “the suit property”), was constructed, by Niamat Sahni, out of her own funds and resources, on 3000 square yard freehold plot, also purchased by her. On 3rd January, 2002 a General Power of Attorney was allegedly executed, by Niamat Sahni, entitling her daughter Usha Prakash to create third party rights in respect of the suit property. On the basis thereof, Usha Prakash executed sale deeds, favouring Defendants Nos. 5 to 8, in respect of various portions of the suit property, with

(i) Sale Deed, dated 21st March, 2002, having been executed in favour of Defendant No. 4 in respect of Flat Private D on the second floor,

(ii) Sale Deed dated 7th August, 2002, in favour of Defendant Nos. 5 and 6 in respect of Flat Private A on the second floor,

(iii) Sale Deed dated 15th September, 2003, in favour of Defendant No. 7 in respect of terrace rights over Flat Private D,

(iv) Sale Deed dated 7th October, 2003, in favour of her husband, Defendant No. 1 in respect of the first floor of the suit property and

(v) Sale Deed dated 11th January, 2005, in favour of Defendant No. 4 in respect of Flat Private B.

8. Defendant No. 4 further executed Sale Deed, dated 15th September, 2003, in respect of Flat Private D in favour of Defendant No. 7.

9. On 28th April, 200