INDU BHUTANI vs RAKESH KAPOOR & ORS.

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 01st May, 2025 + CM(M) 651/2025 & CM APPL. 20628/2025 INDU BHUTANI .....Petitioner Through: Mr. Sanjeev Kumar Dubey, Sr. Advocate with Mr. Deepak Bidhuri and Mr. Shah Rukh Khan, Advocates. versus RAKESH KAPOOR & ORS. .....Respondents Through: Ms. Zeba Khair, Mr. Sitwat Nabi and Ms. Aditi Chaudhary, Advocates (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondents herein have filed a suit seeking cancellation of a registered Will dated 25.11.1997. 2. Admittedly, the case is already at the stage of final arguments. 3. The stand of the petitioner/defendant No.1 is very short and precise. 4. When the case was at the stage of trial, the petitioner/defendant No.1 wanted record to be produced which was containing statement recorded by Revenue Authority i.e. Tehsildar, Mehrauli, New Delhi. 5. According to her, the attesting witness to the Will in question had made statement before such Authority and, therefore, she, merely, wanted to place on record such statement made by one of the attesting witnesses. 6. Mr. Sanjeev Dubey, learned Senior Counsel for the petitioner submits that earlier when the abovesaid witness was summoned, one official appeared Signature Not Verified Digitally Signed CM(M) 651/2025 1 By:SONIA THAPLIYAL Signing Date:03.05.2025 13:32:34 before the learned Trial Court and apprised the Court that the record had been sent to the Office of Deputy Commissioner and, therefore, the relevant record could not be produced. 7. It seems that thereafter, defendant No.1 was directed to take some steps to summon such record from the Office of the concerned District Collector but no such steps were taken, reportedly, for the reason that such record was not traceable. 8. Subs