MANJU MEHRA & ANR. vs DEV PRATAP SEONIE (SINCE DECEASED) THROUGH LRS. AND ORS.

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.12.2025 + CM(M) 2345/2025, CM APPL. 75974/2025 & CM APPL. 75975/2025 MANJU MEHRA & ANR. .....Petitioners Through: Mr. Pramod Ahuja, Advocate (through videoconferencing) versus DEV PRATAP SEONIE (SINCE DECEASED) THROUGH LRS. AND ORS. .....Respondents Through: Mr. Shakeel Sarwar Wani and Mr. Imbisaat Liyaqat, Advocates CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioners have assailed orders dated 25.09.2025 and 04.11.2025 of the learned trial court, whereby evidence of RW-3 was closed after part cross-examination because the witness would not appear. As regards the default on the part of RW-3 in appearing, the contention of learned counsel for petitioners is that he had an understanding with learned counsel for the present respondents that they would take adjournment on the day fixed, but subsequently learned counsel for the present respondents denied any such understanding. CM(M) 2345/2025 Page 1 of 3 pages Signature Not Verified Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4 5569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, Digitally Signed KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15 570996b40f80cbd2eee60402c487965ff801e By:NEETU N NAIR 26fa, cn=GIRISH KATHPALIA Date: 2025.12.03 18:11:39 -08'00' Signing Date:03.12.2025 18:53:21 2. In the above backdrop, I do not find any infirmity in the impugned order. 3. Learned counsel for respondents appearing on advance intimation accepts notice and strongly supports the impugned order. 4. However, after some discussion, learned counsel for both sides submit that the present petition may be disposed of granting one and only one