Manmohan, J. - (1.) Present suit has been filed for partition by the plaintiff against the children of his deceased brother. The prayer clause in the plaint is reproduced herein below: "In the facts and circumstances as stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a. partition the suit property bearing no.10, Block No.BM admeasuring 324 sq.mtrs. in Shalilmar Bagh Residential Scheme (BM-10, West Shalimar Bagh, New Delhi-110088) and share of plaintiff be separated. b. award cost in favour of plaintiff; and c. any other or further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
(2.) The learned predecessor of this Court had directed the parties to maintain status quo with regard to title and possession of the suit premises vide order dated 27th July, 2015. The said order was confirmed till the disposal of the suit on 23rd February, 2016. RELEVANT FACTS
(3.) The relevant facts of the present case are that the plaintiff and his elder brother, Shri Ravindra Kumar Malhotra (father of the defendant no.1), jointly acquired plot No.BM-10, West Shalimar Bagh, Delhi110088(hereinafter the suit property) vide a perpetual lease deed dated 28th December, 1981.;