GAURAV TREHAN SUBSTITUTED BY JAI KUMAR TREHAN THROUGH LR. vs GURVINDER SINGH BRAR AND ORS.

Judgment text excerpt

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 14.01.2025 ,,,,,,,,,, + CM(M) 59/2025 GAURAV TREHAN SUBSTITUTED BY JAI KUMAR TREHAN THROUGH LR. .....Petitioner Through: Mr. Rajesh Yadav, Senior Advocate with Mr. Kamal Mehta, Mr. Sudeep Singh, Mr. Akul Mehandru & Mr. Shubo Jaina, Advocates versus GURVINDER SINGH BRAR AND ORS. .....Respondents Through: None CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. CM APPL. 1997/2025 (exemption) Allowed, subject to all just exceptions. This application stands disposed of. CM(M) 59/2025 & CM APPL. 1996/2025 (Stay) 1. This is a petition under Article 227 of the Constitution of India, challenging the order dated 30.11.2024, passed by District Judge-02, CM (M) 59/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:15.01.2025 10:37:41 Patiala House Court, New Delhi, whereby, the learned Trial Court, dismissed the application, filed under Order 18 Rule 17 CPC, seeking an opportunity to record the evidence of Sh. Gaurav Trehan as plaintiff’s witness, has been dismissed. 2. Sh. Gaurav Trehan, initially filed a suit for specific performance on the basis of an Agreement to Sell executed between him and Sh. Gurdavinder Singh in the year 1997 before this Court. 3. Certain disputes arose in the family of Gaurav Trehan, which were later resolved and Memorandum of Settlement was executed and as per the said Memorandum, the suit property was given to Sh. Jai Kumar Trehan. Jai Kumar Trehan was accordingly substituted in the year 2006 in place of Gaurav Trehan. After the death of Jai Kumar Trehan, his legal heirs were brought on record vide order dated 28.04.2014. 4. Plaintiff’s evidence was closed by the orders passed by this Court on 19.11.2024. The Chamber Appeal