Rajiv Sahai Endlaw, J.

The plaintiff has instituted this suit against (a) Viraj Sikand, (b) Smt. Gita Sikand, (c) Indira Sikand, (d) Vikram Sikand, (e) Sanjay Sikand, for (i) cancellation of registered Relinquishment Deed dated 6th October, 2015; (ii) declaration that the Relinquishment Deed dated 6th October, 2015 executed by defendants no.2 to 5 are not valid and binding on the plaintiff; (iii) partition of property No.98, Sunder Nagar, New Delhi holding the plaintiff to be entitled to 40% share therein; and, (iv) permanent injunction restraining the defendants from alienating, encumbering or otherwise dealing with the property No.98, Sunder Nagar, New Delhi.

2. The suit came up before this Court first on 12th September, 2018 when while issuing summons thereof, vide ex parte ad-interim order the defendants were restrained from dispossessing the plaintiff from property No.98, Sunder Nagar, New Delhi.

3. Finding that the defendant no.4 Vikram Sikand, in the memo of parties itself was described as deceased, vide order dated 17th December, 2018 the defendant no.4 Vikram Sikand was deleted.

4. On 17th December, 2018, on going through the averments in the plaint, it was also prim