Suman Garg & Ors vs Kamal Kumar Garg & Ors on 2 April, 2024

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Delhi High Court - Orders

Suman Garg & Ors vs Kamal Kumar Garg & Ors on 2 April, 2024

Bench: Dinesh Kumar Sharma

                                    $~12
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CS(OS) 81/2021
                                                SUMAN GARG & ORS.                                                                  ..... Plaintiffs
                                                                                      Through:                 Mr. Rajat Aneja, Mr. Rishabh Jain,
                                                                                                               Advs.
                                                                                      versus

                                                KAMAL KUMAR GARG & ORS.                                                           ..... Defendants
                                                                                      Through:                 Mr. Manuj Aggarwal, Ms. Diksha,
                                                                                                               Advs.

                                                CORAM:
                                                HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                                                                      ORDER

                                    %                                                 02.04.2024
                                    CS(OS) 81/2021

1. Pleadings are complete and the following issues are framed;

a. Whether the deceased, Ram Ratan Garg, had validly executed a Will dated 24.04.2001 in sound, disposing mind and health? OPD b. Whether the deceased, Smt. Maya Devi, had validly executed Will dated 20.12.2017 in sound disposing mind and health? OPD c. Whether the plaintiffs are entitled to 1/4th share in the suit property bearing No.B-268, Saraswati Vihar, Pitampura, Delhi- 34? OPP d. Whether the plaintiff is entitled for declaration, partition, and permanent injunction of the suit property bearing No.B-268, This is a digitally signed order.

f. No other issues arose or pressed for.

2. Learned counsel for the respondent submits that a Local Commissioner may be appointed at his own expense.

3. In these circumstances, Sh. B.B. Chaudhary, Former District Judge, Mobile No. 9910384611 is appointed as a Local Commissioner with the following directions:

a) Any technical objections raised by any of the parties should be noted in the proceeding sheet, and these should not serve as grounds for adjourning the proceedings.

b) The Local Commissioner may prepare a proceeding sheet for every hearing. This sheet, along with the evidence recorded on that day, should simultaneously be provided to the concerned parties as well as the official of this Court who brought the file to the Local Commissioner.

c) If any documents are filed during the course of the examination-in-chief and/or cross-examination, they should be duly exhibited and attached to the day's proceedings by the Local Commissioner under his signatures. A short description of the said documents filed should be mentioned in the day's proceedings by the Local Commissioner. The said documents shall also be handed over to the official of this Court who brought the file to the Local Commissioner.

d) Any additional documents submitted with the affidavit in evidence ought to be taken on record with the leave of the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2024 at 23:32:11 Court. However, leave has to be sought in accordance with the judgment of the Ld. Division Bench in Exide Industries Ltd. v. Exide Corporation USA; 2014 (58) PTC 200 (Del). In respect of adjourning the matter, documents ought to be exhibited, subject to orders passed by the Court.

e) If any objections are raised relating to any documents, the same ought to be recorded and cross-examination would, however, proceed.

f) In the case of an outstation witness, repeated appearances should be avoided. The Local Commissioner should schedule dates in such a way as to ensure, to the extent possible, that evidence of the said witness is concluded on the same day.

g) In the case of a foreign witness, if the witness is physically present, his/her evidence should be recorded in a way that inconvenience is not caused.

h) If it is feasible to record evidence via virtual mode in accordance with the High Court of Delhi Rules for Video Conferencing for Courts, 2020, then the same shall be recorded as such.

i) The Local Commissioner shall ordinarily not adjourn the recording of evidence for a period beyond one week. Upon receipt of a request for a longer adjournment, the matter shall be forthwith placed before the Court for appropriate orders. See Rule 8(ii) of Chapter XII of the Delhi High Court (Original Side) Rules, 2018.

4. The Local Commissioner is requested to conclude evidence within the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2024 at 23:32:12 time stipulated by the Court and/or in any case within six (6) months‟ time-limit (from the first date fixed before him). According to Rule 8(ix) of Chapter XII of the Delhi High Court (Original Side) Rules, 2018, if any extension is to be sought, the Local Commissioner is required to furnish a report explaining the reasons for the delay and direct parties to seek appropriate orders from the Court.

5. The fee of the Local Commissioner for any functional day for a duration of two hours would be Rs.15,000/- per day. In case, any of the parties seek adjournment or evidence is not recorded, any of the reasons, the fee of the Local Commissioner would be Rs.5,000/-per day.

6. The defendant shall arrange the venue of the recording of the evidence and other secretarial assistance.

7. Parties are directed to file a list of witnesses along with evidence by way of an affidavit within 15 days with an advance copy supplied to each other.

8. Parties are directed to appear before the Local Commissioner on 23.04.2024.

9. List the matter before the Court on 08.07.2024.

I.A. 1777/2021

10.This Court vide order dated 01.03.2021 had ordered to maintain the status quo regarding the title, construction, and possession with respect to the suit property in question.

11.Learned counsel for the defendant is stating at BAR that there is no apprehension of disturbing the title, construction, and possession with respect to the suit property.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2024 at 23:32:12

12.In these circumstances, the order dated 01.03.2021 stands confirmed and the present application stands disposed of.

DINESH KUMAR SHARMA, J APRIL 2, 2024 Pallavi This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2024 at 23:32:12

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Delhi High Court - Orders