NARESH KUMAR NAGPAL vs MAHENDER NAGPAL & ANR.

Judgment text excerpt

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 05th May, 2025 + CM(M) 842/2025 & CM APPL. 27167-27168/2025 NARESH KUMAR NAGPAL .....Petitioner Through: Mr. SS Sastry, Mr. Rajesh, Mr. Suman, Advs. versus MAHENDER NAGPAL & ANR. .....Respondent Through: Mr. Harish Malhotra, Sr. Adv. with Mr. S.D. Dixit, Adv. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a civil suit and is aggrieved by order dated 21.04.2025 whereby his request to examine other witnesses has been declined. 2. The petitioner has already entered into witness box himself as DW-1. 3. Learned senior counsel for the respondent/ plaintiff appears on advance notice. 4. During course of the arguments, the petitioner has limited his request to the extent that he will only examine Ms. Uma Kathuria (his cousin sister) as one of his witnesses. He also submits that his one another sister Smt. Shashi Gogia had been examined and cross-examined in one partition suit (stated to have been filed by the Smt. Shashi Gogia and others) and he further submits Signature Not Verified Digitally Signed CM(M) 842/2025 1 By:SONIA THAPLIYAL Signing Date:06.05.2025 16:08:15 that the permission may be granted to place on record the certified copy of such deposition, with request to learned Trial Court to consider the same at the time of final arguments. 5. Learned senior counsel for the respondent/ plaintiff, on instructions, submits that in order to avoid any further delay in the matter, he would have no objection if the abovesaid limited request is acceded to. 6. Accordingly, the present petition is disposed of with liberty to defendant/petitioner herein to examine Ms. Uma Kathuria in his defense. However, it would be sole responsibility of the defendant to place on record her