JUDGMENT (Oral)

1. This petition under Article 227 of the Constitution of India assails order dated 24th December, 2018 passed by the learned Additional District Judge ("the learned ADJ") on an application under Section 151 of the Code of Civil Procedure, 1908 (CPC) filed by the respondent, as the plaintiff in CS 639/06 (subsequently renumbered as CS 618788/16).

2. Satish Chandra, the petitioner in the present petition, was Defendant 2 in CS 639/06, and the respondent Krishan Kumar was the plaintiff. CS 639/06 was instituted by the respondent against the petitioner and six other defendants seeking partition, rendition of accounts and mandatory injunction in respect of four properties. The suit was accompanied by an application under Order XXXIX Rules 1 and 2 of the CPC, seeking interlocutory injunction. The prayer clause in the plaint reads thus:

It is, therefore, most respectfully prayed that:

(a) a preliminary decree for partition by determining the share in the immovable properties i.e. the entire portion on western side including the terrace over it and the roof on the back side of the western portion shown in RED colour of property no. 3857, CHARKHEWALAN, DELHI and propert