JUDGMENT :

Rajiv Sahai Endlaw, J.

The plaintiff has instituted this suit for partition of two immovable properties i.e. (1) property no. D-23, Main Road Brahampuri, Chauhan Banger, Delhi 110053 admeasuring 334 sq. yrds. and (2) property no. C98/34, Khasra No. 189, Gali No.1, Main Road Brahampuri, Chauhan Banger, Delhi - 110053 measuring 180 sq. yrds, claiming that the said two properties belonged to the father and mother of the plaintiff and the five defendants.

2. The suit came up first before this Court on 3rd April, 2019 when summons thereof were ordered to be issued and the plaintiff as well as the defendants were restrained from alienating, encumbering or parting with possession of the two properties and from demolishing, constructing or carrying out works of any nature whatsoever over the said properties. The said ex parte order was made absolute after the appearance of the defendants, on 21st August, 2019.

3. The plaintiff in the present suit seeks "half the share of brothers" in the father's property and "equal shares to brothers" in the mother's property.

4. The defendants no. 1 and 6 filed a written statement inter alia pleading that the present suit is not maintainable becaus