JUDGEMENT
AMIT RAWAL, J. -
(1.) The present appeal had been filed on 26.03.2014 and was first time listed on 02.09.2014. From 02.09.2014 onwards, 8
adjournments had been sought on one pretext or the other i.e. on
01.12.2014, 15.01.2015, 04.05.2015, 20.07.2015, 24.08.2015, 18.01.2016, 10.02.2016 and 07.04.2016. On 07.04.2016, the matter was adjourned for today i.e. 04.08.2016. Today also a request for adjournment is made. I
declined the request and reserved the case for orders.
(2.) The appellants-plaintiffs are aggrieved of the judgment and decree passed by the lower Appellate Court whereby the suit had been partly
decreed viz-a-viz permanent injunction from interfering with the peaceful
possession of the plaintiffs granted but relief qua restraint from
alienating the specific portion and more than share of the house in
question by defendants No.1 and 2 by way of sale/lease/mortgage/transfer
or in any other manner was declined.
(3.) The case of the plaintiffs in the plaint was that Sita Ram was the owner of the property. He was married to Raj Kumar Soni. They had three
daughters namely Kamlesh Bhatia @ Saroj Soni, Sudesh Bhatia, Swaraj and
one son namely Surinder Soni. Kamal Bhatia @ Saroj Soni died and her
husband and children are the plaintiffs, being the legal heirs. Swaraj
also died but his legal representatives are not made parties whereas
defendant Nos.1 and 2 are the legal representatives of Surinder Soni, who
has also died. Sudesh Bhatia joined in array of parties as proforma
defendant No.3.;
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