JUDGMENT

Rajiv Shakdher, J.

Preface:

1. The captioned suits and the testamentary case are inter-related and involve members of the family of one, Mr. Savitri Prasada and, hence, will be decided by a common judgement. For the sake of convenience, the genealogy of Mr. Savitri Prasada is shown hereafter.

2. Thus, the parties will be referred hereafter by their names unless the context requires otherwise. Furthermore, Mrs. Dayavati and Mr. Arun Prasada will be collectively referred to as the contesting defendants while the Legal Representatives [in short "LRs"] of Mr. Aditya Prasada, LRs of Mrs. Sudha Garg and LRs of Mrs. Rekha Garg will be referred to as the supporting defendants.

3. The two suits i.e. CS (OS) 1113/2008 [in short "2008 suit"] and CS (OS) 3452/2014 [in short "2014 suit"] seek, essentially, the partition of an immovable property described as plot number 12, Anand Lok, New Delhi [hereafter referred to as the "subject property"].

3.1. The reason that two suits have been filed qua the same immovable property is on account of the fact that when the first suit was filed in 2008, partition was sought of a portion of the subject property i.e. 396.65 sq. yards out of a total o