O R D E R

% 10.09.2024 I.A. 38012/2024

1. This is an application seeking early hearing of the present suit.

2. As the application already stands allowed vide Order dated

02.09.2024, the same be treated as disposed of.

CS(OS) 173/2017

3. The learned counsel for the plaintiff submits that as no relief in the Suit is being prayed for against the defendant nos.4 and 5, the defendant nos.4 and 5 be deleted from the array of the parties. He further submits that the defendant no.2 has since passed away, and had no right or interest in the subject property. Her legal heirs are already on record. As far as the defendant no.3 is concerned, she has been proceeded against ex parte and, in any case, the father of the defendant no.1 has executed a Registered Gift Deed dated 30.04.2010 gifting the subject property in favour of the defendant no.1.

4. The learned counsel for the defendant no.4 submits that though he has no interest in the land, which is being partitioned/bifurcated between the plaintiff and the defendant no.1, in the land which is in his possession, the defendant no.5 has no interest, though it is so incorrectly mentioned in the Settlement Agreement.

5. On the prayer of the plaintiff, the