S. K. MITTAL Vs. NCT OF DELHI

JUDGEMENT

(1.) The present Appeal has been filed by the Appellant under Sec. 384 of the Indian Succession Act, 1925 read with Sec. 10 of Delhi High Court Act, 1966, calling in question the correctness of the Judgment dtd. 4/5/2022 [hereinafter referred to as 'Impugned Order'] passed by the Learned Single Judge in Test Case no.73 of 2021 captioned S.K. Mittal vs. NCT of Delhi and Ors., while dismissing his application for a Letter of Administration in respect of the estate of his younger brother, Late Sh. Rajan Mittal, who passed away intestate on 18/6/2021.

(2.) Late Sh. Rajan Mittal was married to Smt. Reshu Mittal on 15/2/1997 and had two sons, namely, Sh. Shrey Mittal (DOB 16/12/1997) and Sh. Tushaal Mittal (DOB 2/3/2000).

(3.) Subsequently, marital discord began between them and on 6/3/2018, a Settlement Deed was arrived at between Late Sh. Rajan Mittal and his wife, Smt. Reshu Mittal, resolving their marital discord, while also agreeing to apply for a Decree of Divorce by Mutual Consent. This aforesaid Settlement Deed was also signed by Sh. Shrey Mittal and Sh. Tushaal Mittal.