JUDGMENT

Saurabh Banerjee, J.—“Sibling harmony is a boon bringing the best but sibling rivalry is a bane bringing the worst.”

Former brings happiness but latter brings sadness.

The present case, unfortunately, deals with sibling rivalry which has brought to the fore the worst amongst them. There is much acrimony and bad blood between them. The parties to the proceeding are siblings (hereinafter referred as “siblings”) born out of the same parents, father- Mr. I.C. Jain and mother-Mrs. Madhurekha Sarin, who expired intestate on 23.01.1987 and 09.05.1999 respectively. Appellant is the sister of respondent Nos. 1 and 2.

2. As per the brief facts of the case set up in the appeal, on 09.01.2008 respondent No.1-brother (since deceased) instituted a suit for partition, rendition of accounts, declaration, permanent and mandatory injunction (hereinafter referred as “suit”) against the appellant-sister and respondent no.2-brother (since deceased) claiming partition and 1/3rd share of the entire estate of their deceased mother, including property bearing no. B-1/23, Vasant Vihar, New Delhi (hereinafter referred as “property”).

3. Upon service, respondent no.2 appeared and supported the case o