Delhi High Court - Orders
Smt. Rattan Rani Fotedar vs Dr. Jitender Fotedar & Anr on 15 March, 2022
Author: Navin Chawla
Bench: Navin Chawla
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 123/2022
SMT. RATTAN RANI FOTEDAR ..... Petitioner
Through Mr.Maninder Singh, Sr. Advocate
with Ms.Sonia A.Menon,
Mr.Nishchint Rawat, Mr.Rohit
Taneja, Advs.
versus
DR. JITENDER FOTEDAR & ANR. ..... Respondents
Through Mr.Ranjan Mukherjee, Mr.Sanjay
Malik, Mr.O.P.Mohanty, Ms.Aayushi,
Advs.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 15.03.2022
1. Despite a grant of opportunity, reply has not been filed by the respondent nos.1 and 2. Mr.Mukherjee, learned counsel prays for further time to file the reply. As a last and final opportunity, four weeks' time is granted for filing reply by the respondents with copy to the petitioner.
2. The petitioner may file rejoinder, if necessary, before the next date of hearing.
3. Though the petitioner claims that there is continuing non-compliance of the order dated 10.01.2022 passed by this Court in WP(C) No.476/2022, Mr.Mukherjee on instructions from the respondents states that they have complied with the said order.
4. Mr.Mukherjee on instructions states that the respondents have absolutely no objection to the petitioner exclusively occupying the room that Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.03.2022 18:20:23 she and her husband had been occupying. He further states that the respondents have no objection to her access to the kitchenette on the first floor of the property. He further states that the medical record of the petitioner has already been handed over to her. He states that if she requires any further medical record, the same can be retrieved from Vedanta Hospital where the respondent no.1 is serving as a doctor. He states that the respondent no.1 shall facilitate the petitioner to obtain copies of the record from Vedanta Hospital.
5. Looking into the controversy, we appoint Ms.V.Bhawani, Advocate Chamber No.212A, Block-III, Delhi High Court, Mobile-8368200942 as a Local Commissioner to visit the property bearing No. C-2/72-73, Lord Krishna Enclave, Sushant Lok, Phase-1, Gurugram.
6. The fee of the Local Commissioner is fixed at Rs.20,000/- to be shared equally by the parties.
7. The Local Commissioner shall visit the premises of the said property. The room that the petitioner and her husband have been occupying shall be identified and locks on the said room shall be changed. Keys shall be handed over to the petitioner. The respondent shall have no access to the said room.
8. The kitchenette shall also be identified. The sketch plan shall be prepared by the Local Commissioner marking access of the petitioner to the room as well as to the kitchenette on the first floor.
9. The proceedings shall be signed by both the parties. The petitioner or her representative may remain present during the proceedings, apart from the respondents.
10. Commission shall be executed on 17.03.2022 at 12.00 noon. No Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.03.2022 18:20:23 further notice is required to be given to the parties.
11. The report of the Local Commissioner shall be filed before the next date of hearing.
12. List on 12th July, 2022.
Dasti.
ACTING CHIEF JUSTICE NAVIN CHAWLA, J.
MARCH 15, 2022 RN Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.03.2022 18:20:23