VALMIKI J. MEHTA, J

RFA No. 949/2016 and C.M. Appl. No. 45145/2016 (for stay)

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no. 3 in the suit impugning the Judgment of the Trial Court dated 30.07.2016 by which the trial court has decreed the suit for declaration and injunction filed by plaintiff nos. 1 and 2 and has restrained defendant no.3, being the exclusive owner of one portion of the property bearing no. 11-B, Rajendra Park, New Delhi, (hereinafter 'suit property') from, in any manner, being entitled to claim ownership or use of the other separate common portion found not to be in the exclusive ownership or entitlement of the appellant/defendant no. 3 shown in yellow colour in the site plan Ex.PW1/1. Further, the appellant was also restrained from using the front gate of the property.

2. The facts of the case are in a narrow compass. The original owner of the suit property was Smt. Kaushalya Rani, who was the mother of the respondent nos. 1 and 2/plaintiff nos. 1 and 2 and respondent no. 3/defendant no. 1. On the death of the mother, Smt. Kaushalya Rani, the ownership of the suit property, in terms of