JUDGMENT

Prathiba M. Singh, J. (oral)

CM APPL. 45849/2017

1. Learned counsel for the Appellants submits that he wishes to get Respondent No.11 deleted from the array of parties. Ordered accordingly. CM is disposed of.

CM APPL.44477/2016 (condonation of delay of 671 days), CM APPL. 44478/2016 (interim stay) & RFA 932/2016

2. This is an appeal against the impugned order and judgment dated 29th September, 2014 by which the suit for partition filed by the Appellants in respect of the property bearing no.2/361, Subhash Nagar, New Delhi (hereinafter, `suit property') was dismissed by the Trial Court. The order came to be passed in an application under Order VII Rule 10/11 CPC filed by the Defendant Nos.1 to 3 namely Sardar Joginder Singh, Sardar Lakhbir Singh and Sardar Bhagat Singh. The plea taken by the said Defendants was that the property had devolved upon them by means of a Will dated 1st March, 1995 executed by Smt. Harbans Kaur, who passed away on 27th November, 1997. It is their further submission that the said Will has even been probated. In the probate proceedings, father of the Appellants/Plaintiffs Shri Pritpal Singh was Respondent No.5 and after evidence was led, the pro