PRABHA DEVI vs STATE & ORS

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 30th April, 2025 + FAO 165/2012, CM APPL. 8796/2022, CM APPL. 8797/2022, CM APPL. 8798/2022 & CM APPL. 17973/2024 PRABHA DEVI .....Appellant Through: Mr. Munish Kumar Singh, Adv. versus STATE & ORS .....Respondents Through: Mr. Manashwy Jha, Adv. for R1. Mr. Vidit Gupta, Mr. Navin Bainsla & Mr. Rajesh Bansal, Advs. for R2. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) CM APPL. 25718/2025 1. This application is moved on behalf of the applicant/appellant under Order XXVI Rule 10A read with Section 151 of the Code of Civil Procedure, 1908 [“CPC”] read with Section 39 of the Bhartiya Sakshya Adhiniyam, 2023 [“BSA”] seeking directions of this Court for appointment of an expert (writing expert/forensic expert/document examiner) and to submit his report before this Court. 2. Notice of the present application has been served upon the respondents. However, no reply is filed as yet nor any reply is required. 3. Having heard the learned counsel for the applicant/appellant and on perusal of the record, I find that the present application is bereft of any merits. Signature Not Verified FAO 165/2012 Digitally Signed By:PRAMOD Page 1 of 4 KUMAR VATS Signing Date:06.05.2025 12:03:25 4. In a nutshell, the applicant/appellant has preferred an appeal under Section 299 of Indian Succession Act, 1925 [“ISA”] thereby assailing impugned Judgment dated 30.11.2021 passed by learned Additional District Judge-02, South District, Saket Courts, New Delhi [“Probate Court”] whereby the learned Probate Court had granted Probate in respect of last and final Will dated 30.03.1996 left behind by Smt. Laxmi Devi in favour of respondent No.2/Smt. Geeta, who is her niece. 5. It appears that during the course of long tr