JUDGMENT

C. Hari Shankar, J.

RFA 742/2019 and CM APPL. 36857/2019 (stay)

The lis

1. Ami Chand and his wife Barpai Devi had four sons, Mahinder Singh, Hukam Singh, Attar Singh and Chattar Singh. Ami Chand died on 30th April 1988 and Barpai Devi died later; however, her date of death is not forthcoming on the record. With the death of Barpai Devi, their sole surviving legal heirs were Mahinder Singh, Hukam Singh, Attar Singh and Chattar Singh. Hukam Singh had three sons and one daughter, namely, Dev Raj, Hem Raj, Yogesh and Aarti. Hukam Singh apparently went missing, as per the impugned judgment, sometime in 1996.

2. Mahinder Singh instituted CS 06/2012 against Hukam Singh, Attar Singh, Chattar Singh and Dev Raj, claiming partition of properties Nos. 169 and 185, Village Haiderpur, Delhi - 110042 ("the suit properties"), which admittedly were initially owned by Ami Chand. The suit was subsequently transferred to this Court and re- numbered as CS (OS) 1170 of 2014, whereafter it was re-transferred back to the Court of the learned Additional District Judge ("the learned ADJ") and re-numbered as CS 578024/2016.

3. By judgment dated 27th February 2019, the learned ADJ has held the plain