JUDGMENT

Valmiki J. Mehta, J. (Oral)

CM No. 5443/2018 (Exemption)

Exemption allowed subject to just exceptions

CM stands disposed of.

CM No. 5444/2018 (delay in re-filing)

For the reasons stated in the application, delay in re-filing is condoned.

CM stands disposed of.

RFA No. 150/2018

1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the plaintiff in the suit impugning the judgment of the trial court dated 23.9.2017 by which the trial court has decreed the suit for partition of 120 sq. yards of the property bearing no. L-10, Gali No. 3, Jaiprakash Nagar, Ghonda, Delhi but has dismissed the suit with respect to the remaining 65 sq. yards area and which area as per the appellant/plaintiff was also jointly owned by the appellant/plaintiff with the respondent no.1/defendant no.1/brother.

2. There is a very limited issue which is called upon for decision in this Regular First Appeal because the suit for partition has been decreed with respect to the property L-10 for 120 sq. yards. It is not disputed that the title documents executed by the erstwhile owner Sh. Tula Singh in favour of the appellant/plaintiff and respondent no.1/defe