Anil Kumar, J. –

Heard Sri. S.K. Kalia, Senior Advocate assisted by Sri. Daya Shankar Tripathi, learned counsel for appellant, Sri. R.N. Gupta, learned Senior Counsel assisted by Sri. Pritish Kuamr for respondent No. 1 Sri. Abhinav Singh learned Counsel holding brief of Sri. Gaurav Mehrotra for respondent No. 2 and Sri. Anil Kumar Tiwari, learned Senior Counsel assisted by Sri. Prakhar Misrha, for the respondent Nos. 4 & 5.

2. By means of the present appeal, the appellant/defendant has challenge the order dated 26.08.2015 passed in Regular Suit No. 342 of 2015 (Dr. Susheel Suri v. Harish Suri & Ors.) by Civil Judge (Sr. Div.), Lucknow.

3. Facts in brief of the present case are that Sri. Govind Ram Suri (now deceased) was the owner of the properties, details of which is given herein below: -

A. Land measuring 11032 Sqft. of Khasra Plot No. 146 and 147 situated at Village Gazipur Saidul Nisha Pargana Tehsil and District Lucknow presently known as Indira Nagar, Lucknow

B. Khasra Plot No. 11/CP-1 situated at Sector-11 Vikas Nagar, Lucknow comprising area 1938.96 Sqmtr or 21000.00 sqft.

C. Property situated at 4A-Faizabad Road, behind Central Bank of India, Lucknow.

4. Out of the wedl