JUDGMENT

Prathiba M. Singh, J. - This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

CM APPL. 46581/2021 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

CRP 101/2021 & CM APPLs. 46582/2021 & 46583/2021

3. The present petition challenges the impugned order dated 30th November, 2021 in CS No.807/17 titled Pavan Arya v. Ramesh Arya. Vide said order, the application under Order VII Rule 11 CPC, filed by the Defendant/Petitioner (hereinafter "Petitioner"), was dismissed. This litigation is between two brothers, Pavan Arya and Ramesh Arya, and the suit herein was instituted by the Plaintiff/Respondent (hereinafter "Respondent") in 2017 concerning the same property bearing No.A-135, Priyadarshini Vihar, New Delhi (hereinafter "suit property").

4. Between the members of the Arya family, there was another suit for partition filed in 2018, by the Petitioner. This partition suit which was filed before the Delhi High Court was decreed vide order dated 5th September, 2019 in CS(OS) 520/2018 titled Ramesh Arya v. Pawan Arya & Ors., in the following terms:

"Thus, a preliminary decree for