DAV COLLEGE TRUST AND MANAGING SOCIETY & ANR. vs DELHI DEVELOPMENT AUTHORITY & ANR.

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 08th May, 2026 + CM(M) 499/2026, CM APPL. 15152/2026 & CM APPL. 15154/2026 DAV COLLEGE TRUST AND MANAGING SOCIETY & ANR. .....Petitioners Through: Mr. Rakesh Mittal and Mr. Ajay Harshana, Advocates. versus DELHI DEVELOPMENT AUTHORITY & ANR. .....Respondents Through: Ms. Prabhsahay Kaur, SC with Mr. Kamlendu Pandey and Ms. Aryana Sharma, Advocates for R-1. Mr. K.K. Aggarwal, Ms. Gayatri Aggarwal and Mr. S. Dass, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed by the petitioners/plaintiffs under Article 227 of the Constitution of India, assailing the order dated 31st January, 2026, passed by the learned Trial Court in CS DJ No. 77678/2016, whereby the petitioners right to cross-examine D2W1 has been closed. 3. Heard. Record perused. 4. Learned counsel for the petitioners has argued that the trial Court has passed the impugned orders on surmises and conjectures which is against the CM(M) 499/2026 Page 1 of 2 Signature Not Verified Signed By:MANISHA RAJPUT Signing Date:11.05.2026 11:11:41 facts and law. D2W1 is a material witness of the case and he could not be cross-examined by the petitioners on account of the pendency of the petition bearing C.M.(M) No. 309/2026. if opportunity to cross-examine the said witness is not granted, grave prejudice would be caused to the petitioners. 5. Per contra, learned Counsel for the respondents/defendants submits that sufficient opportunities have already been granted by the learned Trial Court to the petitioners to cross-examine D2W1. Despite the same, the petitioners have failed to cross-examine D2W1. It is further submitt