SH. VIJENDER SINGH & ORS vs SH. NARINDER SINGH & ORS

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on 28.10.2024 Judgment Delivered on 08.01.2025 + CS(OS) 1546/2009 & I.A. 5315/2023 & I.A. 4224/2024 SH. VIJENDER SINGH & ORS .....Plaintiff Through: Mr. Vishal Maan, Mr. A. Singh and Mr. Kartik Dabas, Advocates versus SH. NARINDER SINGH & ORS .....Defendant Through: Mr. Preet Pal Singh, Mr. Pradeep Khatri, Mrs. Tanupreet Kaur, Mr. Sahil Bhardwaj and Ms. Akanksha Singh, Advocates CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J. I.A. 4224/2024 (under Order XVI Rule 1 read with Section 151 CPC for summoning of witness) 1. The present application has been filed by the defendants under Order XVI Rule 1 read with Section 151 CPC seeking permission to produce and examine Sh. Ajay Gopal as witness, who is stated to be the attesting witness of the Will dated 24.05.2002 executed by Late Sh. Ram Chander. Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 1546/2009 1 of 11 ASWAL Signing Date:10.01.2025 12:29:35 2. The present suit has been filed by the plaintiffs praying for declaration, partition, permanent injunction, rendition of accounts, mesne profits and damages, in respect of the estate left behind by Late Sh. Ram Chander. 3. It is the case of the plaintiffs that both the plaintiffs, as well as, the defendants are co-parceners/co-owners of the ancestral and joint family properties left behind by Late Sh. Ram Chander. 4. The defendant nos. 1 to 7 filed a joint written statement wherein they propounded a registered Will dated 24.05.2022 executed by Late Sh. Ram Chander in favour of the defendant no.1 and predecessor-in-interest of defendant nos. 2 to 4 to the exclusion of the plaintiffs and defendant nos. 8 and 9. 5. Learned counsel appearing on behalf of the applicants/defendant