J U D G M E N T

NEENA BANSAL KRISHNA, J.

I.A. 6501/2024 (u/S 151 of CPC, 1908)

1. By way of present application, the Applicant/Om Prakash Arora seeks to set aside/recall the Judgment and Decree dated 20.09.2002 passed in the Signature Not Verified Digitally Signed CS(OS) 1459/1995 Page 1 of 13 present Suit.

2. Briefly stated the facts of the present Suit were that the Property No. 21 and 21A, Tughlaq Road, New Delhi (hereinafter referred to as the “suit property”) was acquired by one Smt. Chandnee Widya Madden by way of a Perpetual Lease Deed dated 03.12.1957 from the Land and Development Office (hereinafter referred to as “L&DO”). After her demise, she was survived by her four daughters, namely, Smt. Meenakshi Sardana, Smt. Raisina Bhatia, Smt. Sheila Chaithli and Ms. Prem Madden and one son, Shri Santosh M. Madden. In a Judgment and Decree dated 13.01.1975, it was declared that the suit property shall devolve upon her four daughters to the extent of 25% undivided share each. Ms. Prem Madden was unmarried and died intestate on 11.01.1988 leaving her three sisters and one brother as the only legal heirs who all inherited 6.25% undivided share each out of her 25% undivided share in the suit property. Her brother, Shri Santosh M. Madden, therefore, became the owner of undivided share to the extent of 6.25% share. While the other three sisters became owners of undivided share to the extent of 31.25% share each in the suit property.

3. Shri Santosh M. Madden died intestate on 09.12.2006 and his undivided share was inherited by his wife, Smt. Rajamma S. Madden, who entered into to an Agreement to Sell dated 19.10.2013 in respect of her 6.25% share in the suit property in favour of the applicant/Om Prakash Arora herein and received the entire sale consideration. Smt. Rajamma S. Madden handed over the symbolic possession of the suit property to the applicant/Om Prakash Arora. Smt. Rajamma S. Madden also left behind her last Will and Testament dated 23.10.2013 which is a registered document, wherein she confirmed the Agreement to Sell and bequeathed her share in Signature Not Verified Digitally Signed CS(OS) 1459/1995 Page 2 of 13 the suit property in favour of the applicant/Om Prakash Arora. Smt. Rajamma S. Madden died on 07.12.2023, and the applicant/Om Prakash Arora has, therefore, become owner of 6.25% of the undivided share in the suit property.

4. Shri K.P.R. Nair was named as the sole Executor in the Will behind by Late Smt. Rajamma S. Madden who filed a petition for grant of probate with the copy of the Will annexed which was allowed and the probate was granted. After being satisfied, learned Court of the Additional District Judge, New Delhi, Patiala House Courts, New Delhi discharged the Executor vide Order dated 04.09.2015. However, subsequently, the separate applications were filed by Smt. Meenkashi Sardana and legal heirs of Late Smt. Sheila Chaithli against the grant of probate which was allowed vide Order dated 30.05.2023 and the Probate dated 25.11.2014 was revoked in respect of the estate of Late Smt. Rajamma S. Madden. The named Executor of the Will filed the Appeals before this Court vide FAO No. 288/2023 and FAO No. 290/2023 which are pending disposal. Upon the refusal of the co-owners to partition the suit property, the applicant/Om Prakash Arora filed the Civil Suit bearing No. 162/2020 for Partition and Injunction against three sisters, namely, Smt. Meenakshi Sardana, Smt. Raisina Bhatia and Smt. Sheila Chaithli. An ex pate status quo Order was granted by this Court vide Order dated 07.07.2020 in regard to the Title and Possession of the suit property. Though it was later vacated vide Order dated 28.07.2022. However, in the Appeals, FAO(OS) 94/2022 and also FAO(OS) 136/2022 vide Orders dated 30.08.2022, the parties i.e., the plaintiff herein and the defendant Nos. 1 to 4 and Smt. Meenakshi Sardana were directed to maintain status quo in respect of the suit property. During the pendency of Signature Not Verified Digital