BRIGADIER BALWANT DAHIYA TRUST vs SHAKUNTALA DAHIYA AND ORS

Judgment text excerpt

$~114 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21st, August, 2025 + CM(M) 1572/2025 & CM APPL. 51699-51700/2025 BRIGADIER BALWANT DAHIYA TRUST .....Petitioner Through: Mr. Manish Kaushik with Mr. Mishal, Advocates. versus SHAKUNTALA DAHIYA AND ORS .....Respondent Through: Ms. Sangeeta Bharti with Mr. Ashish Kumar, Advocates. Mr. Shivain Vaidialingam, Advocate. Mr. L K Singh, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. This is second round of litigation. 2. Petitioner, who is defendant No.5 before the learned Trial Court, had earlier filed a petition before this Court seeking to examine Lt. Col. (Retd.) Uday Bhan Dahiya. It was claimed that the above would be the last and final opportunity to produce him and, in case, he was unable to produce said witness, he would not seek any further indulgence. It was also, however, supplemented that, in alternate, he would examine Mr. Shamsher Singh Malik. 3. The earlier petition, which was registered as CM (M) No. 1403/2025, was disposed of by this Court while granting him the abovesaid opportunity to procure the attendance of Lt. Col. (Retd.) Uday Bhan Dahiya as his witness. Signature Not Verified Digitally Signed CM(M) 1572/2025 1 By:DINESH CHANDRA Signing Date:23.08.2025 15:29:48 4. While disposing of the petition, it was left open to petitioner to move appropriate application, in case, he wanted to examine Mr. Shamsher Singh Malik as his witness in alternate. 5. Since defendant No.5 could not secure the presence of Lt. Col. (Retd.) Uday Bhan Dahiya, he made request before the learned Trial Court to permit him to examine Mr. Shamsher Singh Malik. 6. The present petition has been filed as learned Trial Court has refused to call Mr. Shamsher Singh Malik,as an alternate witness of d