ANIL KUMAR SINCE DECEASED THROUGH LRS NEHA vs BABITA SINGH DECEASED THROUGH LR SHRI MAHA SINGH

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th August, 2025 + CM(M) 2456/2024, CM APPL. 25279/2024 & CM APPL. 25280/2024 ANIL KUMAR SINCE DECEASED THROUGH LRS NEHA .....Petitioner Through: Mr. Vaibhav Kush and Mr. Nitin Kumar, Advocates versus BABITA SINGH DECEASED THROUGH LR SHRI MAHA SINGH .....Respondent Through: Mr. Ashim Vachher, Senior Advocate with Mr. Vinayak Uniyal and Ms. Saiba M. Rajpal, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. After hearing some arguments, learned Senior Counsel for respondent submits, on instructions, that while reserving their rights and contentions, they would have no objection if the application moved by the petitioner (defendant before the learned Trial Court) on 06.03.2024 seeking to prove photocopies of medical documents of Smt. Sumitra Devi is allowed. 2. He, therefore, submits that respondent would have no objection if the present petition is allowed. 3. In view of the abovesaid statement made by learned Senior Counsel for the respondents and also while keeping in mind the overall facts of the case, the present petition is allowed in the aforesaid terms. 4. The defendant would be at liberty to move appropriate application within ten days from today before the learned Trial Court specifying therein Signature Not Verified Digitally Signed CM(M) 2456/2024 1 By:DINESH CHANDRA Signing Date:07.08.2025 17:05:00 as to which particular witness he wants to examine for the purpose of proving medical documents of late Smt. Sumitra Devi. 5. It is, however, made clear that defendant would be entitled to only one effective opportunity in this regard. 6. Learned Trial Court would consider the aforesaid application on the date fixed i.e. 03.09.2025 and would give a very short date for the purp