Delhi High Court - Orders
Smt. Rattan Rani Fotedar (Through Her ... vs Union Of India & Ors on 24 January, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 476/2022 & CM APPL. 1347/2022
SMT. RATTAN RANI FOTEDAR (THROUGH HER DAUGHTER
AND AUTHORISED REPRESENTATIVE MRS. RASHMI
SHALI) ..... Petitioner
Through: Ms. Sonia A. Menon, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Harish Vaidhyanathan Shankar,
CGSC, Mr. Srish Kumar mishra, Mr.
Sagar Mehlawat, Mr. Alxander
Mathai Paikaday, Advs. for UOI/R-1
Mr. Sameer Vashisht, ASC, GNCTD
with Ms. Sanjana Nangia, Adv. for R-
2&3
Mr. V. K. Jain, Mr. Sanjay Malik, Mr.
Gopal Verma and Mr. Sewa Singh
Sahu, Advs. for R-4 & 5
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 24.01.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 55678/2022
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
CM APPL. 55677/2022 (Direction)
3. This is an application under Section 151 CPC, 1908 filed on behalf of the petitioner seeking certain directions and restrainment of Signature Not Verified Digitally Signed W.P.(C) 476/2022 1 By:VINOD KUMAR Signing Date:30.01.2023 13:29:43 respondent Nos. 4 & 5 from causing any obstruction or hindrances in installation and use of an external home elevator in the driveway of the building bearing No.C-2/72-73, Lord Krishna Enclave, Sushant Lok I, Gurugram and seeking further restrainment from creating an atmosphere which is hazardous for the well-being of the petitioner.
4. Issue notice.
5. Notice is accepted by learned counsel appearing for the respondents.
6. Reply, if any, be filed within two weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
7. For the assistance of the Court, learned counsel for the petitioner as well as learned counsel appearing for the respondent may file a short affidavit in respect of whether Section 6 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 r/w Rule 22 of Maintenance Rules, 2016 would cover properties which are beyond the territorial jurisdiction of the State of Delhi.
8. Learned counsel appearing on behalf of respondent Nos. 4 & 5 submits that in addition to the aforesaid liberty, the respondent Nos. 4 & 5 would also like to add the aspect as to whether the complaint could have been filed within the territorial jurisdiction of Delhi. He may do so in the same affidavit as already allowed above.
9. List for consideration on 28.03.2023 TUSHAR RAO GEDELA, J JANUARY 24, 2023 ms Signature Not Verified Digitally Signed W.P.(C) 476/2022 2 By:VINOD KUMAR Signing Date:30.01.2023 13:29:43