$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21^st 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. B