SIMI ARUN PANDEYA vs KUMUDINI MITTAL & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 09.12.2025 Judgment pronounced on: 18.12.2025 + RFA(OS) 51/2025 & CM APPL. 53041/2025 (Stay) SIMI ARUN PANDEYA .....Appellant Through: Mr. Rajesh Yadav, Senior Advocate with Mr. Preet Oberoi, Advocate. versus KUMUDINI MITTAL & ORS. .....Respondents Through: Mr. Suryakant Singla, Senior Advocate with Ms. Mayanka Dhawan, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Appeal, filed under Section 96 read with Order XLI of the Civil Procedure Code, 19081 and Section 10 of the Delhi High Court Act, 1966, seeks to set aside the Order dated 29.05.20252, passed by the learned Single Judge of this Court in I.A. No. 11590/2025 filed in CS(OS) 438/2022 titled as „Ms. Simi Arun Pandeya v. Mr. Amit Mittal‟. The said application was filed under 1 CPC 2 Impugned Order Signature Not Verified RFA(OS) 51/2025 Page 1 of 24 Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:20.12.2025 14:17:13 Order XII Rule 6 of the CPC by the Appellant/Plaintiff. 2. The sole issue that arose for consideration before the learned Single Judge, and which stands adjudicated in the Impugned Order, is the very issue that survives for determination in the present Appeal. As expressly and fairly acknowledged by the learned Senior Counsel appearing for the Appellant/Plaintiff, the scope of the present Appeal is narrowly circumscribed and confined exclusively to the judicial construction and interpretation of Clause I(a) of the Will dated 03.07.1992, executed by late Smt. Angoori Devi Mittal, mother of the Appellant and grandmother of Respondent Nos. 2 and 3, which Will was duly attested and registered on 17.06.1999. BRIEF FACTS: 3. Th