The Court:-Affidavit of service filed in Court today is taken on record.

This is an application by the plaintiff in a partition suit, inter alia, for appointment of a Commissioner and orders of injunction.

The relationship between the plaintiff and the defendant nos. 1 and 4 are the brothers and sister. The defendant nos. 2 and 3 are the wife and daughter of the deceased brother of the plaintiff.

It is not in dispute that the suit property belongs to the grandmother of the plaintiff and the defendant nos. 1 and 4 and the great grandmother of the defendant no.3 and grandmother-in-law of the defendant no.2. It is also not in dispute that the second floor of the building in the suit property was gifted by the grandmother to the defendants and/or their predecessors-in-interest. The grandmother has also left behind a Will by which she has bequeathed the vacant land available at the suit property to the defendants and/or their predecessors-in-interest. So far as the ground, first, third and fourth floors of the building are concerned, the same have been bequeathed under the Will to the mother of the plaintiff and the defendant nos. 1 and 4 as also the mother of the predecessors-in-interest