KAMLA THADANI ALIAS SONA THADANI vs ASHOK THADANI & ORS.

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th April, 2025 + CM(M) 4193/2024 & CM APPL. 75908/2024 KAMLA THADANI ALIAS SONA THADANI .....Petitioner Through: Mr. Alok Bachawat and Mr. Ishan Jain, Advocates versus ASHOK THADANI & ORS. .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is defending a suit for possession, mesne profits and damages. 2. Property in question is Flat No. No. 45 Mayfair Apartments, Mayfair Garden, Haus Khas Enclave, New Delhi-110016. 3. It is submitted that the plaintiff has already examined five witnesses and the relevant documents pertaining to the aforesaid property were never placed on record and when the plaintiff brought Mr. Vijay Thadani in witness box as PW-6, such witness i.e. PW-6 Mr. Vijay Thadani made reference to various documents pertaining to suit property. It is contended that it was, rather, for the plaintiff to have moved appropriate application, seeking permission to place these documents on record and without taking any step in that direction, when PW-6 Mr. Vijay Thadani entered into witness box, reference was made to fourteen such documents. It is argued that when Signature Not Verified Digitally Signed CM(M) 4193/2024 1 By:SONIA THAPLIYAL Signing Date:16.04.2025 18:21:05 he lodged his grievance with the learned Trial Court in this regard, learned Trial Court took those documents on record subject to certain conditions. Relevant portion of the impugned order dated 30.07.2024 reads as under: - “Therefore, subject to proof or subject to this issue being decided at appropriate stage, the evidence of the witness will be recorded. If the Court come to the conclusion that these documents ought to have been with the plaintiff and he ought to have