(1.) The present CM(M) petition no. 652/2023 has been filed by the petitioner under Article 227 of the Constitution of India against the impugned order dtd. 16/3/2023 passed by the learned Additional District Judge-03 (West), Tis Hazari Courts, Delhi (hereinafter referred to as learned 'Trial Court') in Civ DJ no. 613733/2016, titled as 'Smt. Meena Kataria vs. Ms. Rekha and Others' whereby the learned Trial Court dismissed the application under Order XVIII Rule 2(3) CPC filed by the petitioner seeking permission to lead evidence in rebuttal to the evidence led by the respondents.
(2.) For the purpose of adjudication of the present case, the relevant facts are that Mrs. Meena Kataria/petitioner herein, Ms. Rekha/respondent no. 1 herein, Mr. Anurag Chauhan/respondent no. 3 herein, Mrs. Manju Tanwar/respondent no. 4 herein and Mrs. Yashoda/respondent no. 5 herein are the legal heirs of late Mr. Mahavir Singh. Further, Mrs. Kamla Devi/respondent no. 2 herein is the wife of late Mr. Mahavir Singh and his legal heir.
(3.) Late Mr. Mahavir Singh, being the head of the family or Karta of the Hindu Undivided Family (hereinafter referred to as 'HUF') was responsible for managing several ancestral properties listed as follows: -