NAZIMA & ANR. vs IKRAR KHAN & ANR.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18thMay, 2026 + CM(M) 180/2025, CM APPL. 5446/2025, CM APPL. 8128/2026 & CM APPL. 8129/2026 NAZIMA & ANR. .....Petitioners Through: Mr. Prakash Khandelwal and Mr. Vinod Kumar, Advocates. versus IKRAR KHAN & ANR. .....Respondents Through: Ms. Harita Mehta, Adv. For R-2. (through VC) 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/ defendant nos. 1 and 2 under Article 227 of the Constitution of India, seeking setting aside of the order dated 25th November, 2024, passed by the learned Trial Court in Civ. Suit No. 253/2019, whereby no opportunity has been granted to the petitioners to cross-examine DW-3. 3. Heard. Record perused. 4. Learned counsel for the petitioners has argued that DW-3 has been summoned as a court witness, and the petitioners being the defendants have a right to cross-examine the said witness. It is further argued that DW-3 has been summoned not only for producing the documents but also for CM(M) 180/2025 Page 1 of 2 Signature Not Verified Signed By:VAISHALI CHAUHAN Signing Date:19.05.2026 12:50:09 ascertaining whether any part of the building is unauthorized. It is contended that the denial of an opportunity to cross-examine DW-3 would cause grave prejudice to the case of the petitioners. 5. Per contra, learned counsel for respondent no. 2 has argued that DW-3 is merely an official witness who has only proved the documents, and therefore, there is no need of his cross-examination by the petitioners. 6. Vide order dated 23rd October, 2024, an application filed on behalf of the petitioners under Order XVI Rule 14 of Code of Civil Procedure, 19