GURBANI SINGH & ANR. vs DEEPAK SINGH & ANR.

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.02.2026 + FAO(OS) 23/2026 & CM APPL. 11204/2026, CM APPL. 11205/2026, CM APPL. 11206/2026 GURBANI SINGH & ANR. .....Appellants Through: Mr. Rahul Shukla, Adv. versus DEEPAK SINGH & ANR. .....Respondents Through: Ms. Nandni Sahni, Adv. for R1. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT 1. The present appeal has been filed under Section 299 and 300 of the Indian Succession Act, 1925 assailing the Order dated 08.01.2026 passed by the learned Single Judge of this Court in I.A. 13262/2023 in TEST.CAS. 15/2023, titled ‘Deepak Singh v. State & Ors.’ (hereinafter referred to as the „Impugned Order‟), whereby, the learned Single Judge has been pleased to dismiss the application filed by the appellant herein which sought direction to the respondent No.1 herein to produce the Original of the Second Will dated 02.03.2016 (hereinafter referred to as, „Alleged Will‟). 2. The brief facts from which the present appeal arises is that the respondent No. 1 herein filed a petition under Section 268 of the Signature Not Verified Signed By:BABINDER FAO(OS) 23/2026 Page 1 of 6 SINGH NEGI Signing Date:28.02.2026 10:13:41 Indian Succession Act, 1925 seeking grant of Letter of Administration of Will dated 02.03.2016, the alleged Will is also dated 02.03.2016, which is claimed to be executed by Late Sh. Govind Singh (father of Respondent No.l‟s / Appellant's Grand-father) in respect of immovable property bearing no. 12/33, Old Rajinder Nagar, New Delhi (hereinafter referred to as „Propounded Will‟). 3. The appellants filed an I.A. No. 13262/2023 seeking production of the original alleged Will dated 02.03.2016, earlier filed by the respondent No.1 in a separate civil suit being CS SCJ/59