SUNIL MADAN MANDHAN vs THE SATE GNCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 20.11.2025 Judgment pronounced on: 27.11.2025 + FAO(OS) 113/2023 and CM APPL. 55662/2023 SUNIL MADAN MANDHAN .....Appellant Through: Mr. S.N. Choudhri, Mr. K.N. Singh, Ms. Shruti Choudhary and Mr. Prabnoor, Advs. versus THE STATE GNCT OF DELHI & ANR. .....Respondents Through: Mr. A.K. Singla, Sr. Adv. with Mr. Rahul Shukla, Ms. Bachita Karuah Shukla, Ms. Sayantani Baskar and Mr. Sahil Kumar, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The Appellant [Respondent No.2 before the learned Single Judge] assails the correctness of the Judgment dated 23.08.2023 [hereinafter referred to as ‘Impugned Judgment’] passed by the learned Single Judge in TEST.CAS. 83/2015, whereby probate of the Will dated 22.10.2013, executed by late Shri Manohar Lal [hereinafter referred to as ‘the Testator’], was granted in favour of, Ms. Sunita Kakkar @ Baby, the daughter of the Testator and the named Executrix, the Respondent No.2 herein [Petitioner before the learned Single Judge]. Signature Not Verified Signed By:JAI NARAYAN FAO(OS) 113/2023 Signing Date:27.11.2025 Page 1 of 14 17:39:04 FACTUAL MATRIX 2. In order to comprehend issues involved in the present case, the relevant facts in brief are required to be noticed. 3. The Testator, late Shri Manohar Lal, expired on 25.03.2015, leaving behind two children, the Appellant (son) and the Respondent No.2 (daughter). Under the Will dated 22.10.2013 [hereinafter referred to as ‘the Will’], the Testator bequeathed his entire self-acquired property, namely Property No. C-35, East of Kailash, New Delhi, comprising the basement, ground floor, second floor and terrace rights [herein after referred to as