$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010401792026 + CM(M) 1888/2026 & CM APPL. 57782/2026 & CM APPL. 57783/2026 & CM APPL. 57786/2026 MUKESH KUMAR & ORS. .....Petitioners Through: Mr. S.S Choudhary, Advocate versus KARAN KUMAR & ORS. .....Respondents Through: Mr. Vikas Tomar, Advocate CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 22.09.2026 1. Through the present petition, the petitioners seek to assail the order dated 02.06.2026 passed by the learned trial court whereby the learned trial court has dismissed the petitioners’ application for waiver of cost. 2. Respondent no. 1 has instituted the underlying probate case, wherein the learned trial court on 10.12.2024 directed the petitioners to file a proper list of witnesses, as the list which had been filed was unclear about the purpose of the witnesses. 3. On 27.05.2025 the learned trial court noted that the petitioner has not filed the proper list of witnesses in terms of the order dated 10.12.2024. Accordingly, the right of the petitioner to lead evidence was closed, and the matter was put for final arguments on 08.07.2025. 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 24/09/2026 at 10:46:30 4. On 08.07.2025, the petitioners were unavailable, and an adjournment was granted subject to cost of Rs. 5,000 and the matter was posted for 12.07.2025. On 12.07.2025, the petitioners sought another adjournment and the learned trial court noted that the pending proceedings are one of the oldest, and the case has been stagnant since a long time. However, adjournment was granted subject to payment of cost of Rs. 15,000 in addition to the cost of Rs. 5,000 imposed vide order dated 08.07.2025. 5. Meanwhile the petitioners filed an application seeking waiver of cost which came to be dismissed vide order dated 02.06.2026 whereby the learned trial court noted the same to be a dilatory tactic and closed the right of the petitioners to lead RE. 6. This Court took up the matter on 31.08.2026 whereby this Court recorded a categorical statement of the learned petitioners’ counsel stating that they are ready and willing to pay the cost. 7. The learned counsel for the petitioners has submitted that the costs of Rs. 20,000 has been paid in entirety, and accordingly the petitioners be granted one more opportunity to lead RE. 8. Per contra, the learned counsel for the respondents has submitted that the conduct of the petitioners is only to delay the case, and their conduct deserves no indulgence from this Court. 9. Admittedly, the petitioner has paid the entire cost of Rs. 20,000 as imposed vide orders dated 08.07.2025 and 12.07.2025. Furthermore, since the right to lead RE was subject to payment of cost, and the petitioners have admittedly paid such cost, the learned trial court is directed to grant the petitioners one final opportunity to lead RE, subject to its convenience. It is made clear that this shall be the last opportunity, and the parties shall not 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 24/09/2026 at 10:46:30 take any adjournments. 10. Accordingly, the petition is allowed and disposed of. Pending applications, if any, also stands disposed of. AJAY DIGPAUL, J SEPTEMBER 22, 2026 gs/sg 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 24/09/2026 at 10:46:30