SAUD NASIR AND ANR vs LATE MOHAMMAD SULTAN THROUGH HIS LR AND ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st January 2026 CM(M) 161/2026 SAUD NASIR AND ANR .....Petitioners Through: Mr. Visheshwar Shrivastav, Adv. versus LATE MOHAMMAD SULTAN THROUGH HIS LR AND ANR. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. CM APPL. 4012/2026 & CM APPL. 4013/2026 (Exemption) 2. Allowed, subject to all just exceptions. Applications stand disposed of. CM(M) 161/2026 & CM APPL. 4011/2026 (for Stay) 3. The present petition has been filed by petitioners under Article 227 of the Constitution of India, 1950, seeking the following relief: “a) Issue notice to the Counsel for Respondent No. 1 and other Respondents; and b) Set aside the order dated 12/01/2026 and expunge the Examination in Chief & Cross Examination of OW-3 [Petitioner No. 2]; and c) Direct the Ld. ACJ-cum-CCJ-cum-ARC (South-East) to conduct a de nova Examination in Chief of Petitioner No. 2” 4. Heard. Record perused. 5. Learned counsel for the petitioner has argued that the evidence of the OW-3 was record in his absence as he was unable to appear in the court