JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 40382/2023 (for exemption)

Allowed, subject to all just exceptions.

Accordingly, the present application is disposed of.

CM(M) 1263/2023 & CM APPL. 40381/2023

1. This petition impugns the order dated 05.07.2023 passed by the Additional District Judge - 01, District North West, Karkardooma Courts, Delhi in Case No. 139/2020, titled as Mohan Thakur VS. Lalita Devi & others (`Trial Court') whereby the Trial Court has dismissed the Petitioners' application under Order XIV Rule 5 read with Section 151 Code of Civil Procedure, 1908 (`CPC') for framing of additional issues.

1.1. The Petitioners herein are the original defendant nos. 6, 8, 9, 10 and 11 in the civil suit. The Respondent No.1 is the original plaintiff in the civil suit. Respondent Nos. 2 to 7 are defendant nos. 1 to 5 and 7 in the civil suit.

1.2. The civil suit has been filed by Respondent No. 1 for partition of the property against the Petitioners and Respondent Nos. 2 to 7 herein.

2. After some arguments, learned counsel for the Petitioners states that at the outset, in this petition the Petitioners herein is seeking a limited relief to the extent that an issue with res