Dismissed¶12

Brigadier Balwant Dahiya Trust v. Shakuntala Dahiya and Ors.

Delhi HC21 Aug 2025CM(M)/1572/2025

Case brief

AI extract

What is this about?

Delhi High Court; CM(M) 1572/2025; Brigadier Balwant Dahiya Trust v Shakuntala Dahiya; Justice Manoj Jain; 21 August 2025; dismissed; Article 227 Constitution of India; supervisory jurisdiction; apparent illegality; examination of alternate witness; Mr. Shamsher Singh Malik; Lt. Col. (Retd.) Uday Bhan Dahiya; defendant No.5; impugned order dated 08.08.2025; second round of litigation; CM(M) 1403/2025; pending applications disposed.

What did the court decide?

This Court finds no illegality or perversity in the impugned order dated 08.08.2025 passed by the learned Trial Court. ¶8

Brigadier Balwant Dahiya Trust Vs Shakuntala Dahiya… — Writ and Judicial Review | Delhi HC (2025)

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$~114

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 21^st , August, 2025

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- CM(M) 1572/2025 & CM APPL. 51699-51700/2025 BRIGADIER BALWANT DAHIYA TRUST .....Petitioner

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Through: Mr. Manish Kaushik with Mr. Mishal, Advocates.

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versus

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SHAKUNTALA DAHIYA AND ORS .....Respondent Through: Ms. Sangeeta Bharti with Mr. Ashish Kumar, Advocates. Mr. Shivain Vaidialingam, Advocate. Mr. L K Singh, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN

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J U D G M E N T (oral)

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This is second round of litigation.

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Petitioner, who is defendant No.5 before the learned Trial Court, had earlier filed a petition before this Court seeking to examine Lt. Col. (Retd.) Uday Bhan Dahiya. It was claimed that the above would be the last and final opportunity to produce him and, in case, he was unable to produce said witness, he would not seek any further indulgence. It was also, however, supplemented that, in alternate, he would examine Mr. Shamsher Singh Malik.

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The earlier petition, which was registered as CM (M) No. 1403/2025, was disposed of by this Court while granting him the abovesaid opportunity to procure the attendance of Lt. Col. (Retd.) Uday Bhan Dahiya as his witness.

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Signature Not Verified

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Digitally Signed CM(M) 1572/2025 By:DINESH CHANDRA Signing Da te:2 3.08.2025 15:29:48

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While disposing of the petition, it was left open to petitioner to move appropriate application, in case, he wanted to examine Mr. Shamsher Singh Malik as his witness in alternate.

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Since defendant No.5 could not secure the presence of Lt. Col. (Retd.) Uday Bhan Dahiya, he made request before the learned Trial Court to permit him to examine Mr. Shamsher Singh Malik.

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The present petition has been filed as learned Trial Court has refused to call Mr. Shamsher Singh Malik,as an alternate witness of defendant No.5.

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Learned counsel for respondent also appears on advance notice.

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After careful perusal of the averments made in the petition and hearing learned counsel for the parties, this Court does not find any illegality or perversity in the impugned order dated 08.08.2025.

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The supervisory powers can be invoked when there is a apparent illegality in the impugned order or when the order is totally erroneous and against the settled proposition of law.

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Learned Trial Court, after careful consideration of the matter, has declined defendant No.5’s request to examine Mr. Shamsher Singh Malik as his witness and the reasons appearing in the impugned order are neither perverse nor arbitrary.

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By virtue of present petition, the endeavor of the defendant No.5 is for this Court to take over the trial and to decide those aspects which are obviously beyond the scope of Article 227 of Constitution of India.

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Signature Not Verified

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CM(M) 1572/2025

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 3.08.2025 15:29:48

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