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High Court of DelhiFAO(OS)/671/2015

Geeta Rani Dogra & ORS v. Dev Raj Dogra

2016-03-31Hon'Ble Mr. Justice Pradeep Nandrajog,Hon'Ble Ms. Justice Mukta Gupta2 pages

$~1 &2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 670/2015 GEETA RANI DOGRA & ORS Appellant Represented by: Mr.P.P.Ahuja, Advocate versus Respondent Mr.Akshay Makhija, Advocate with Ms.Sanjugeeta Moktam, Advocate Ms,Mahinia Bahl, Mr.Siddharth Thakur, DEV RAJ DOGRA Represented by:

Advocates + FAO(OS) 671/2015 Appellants Mr.P.P.Ahuja, Advocate GEETA RANI DOGRA & ORS Represented by:

versus DEV RAJ DOGRA Represented by:

Respondent Mr.Akshay Makhija, Advocate with Ms.Sanjugeeta Moktam, Advocate Ms,Mahima Bahl, Mr.Siddharth Thakur, Advocates

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA %

ORDER

31.03.2016 1.

Impugned order in both appeals is dated September 03, 2015 and we are surprised that two appeals are filed. We need not comment on the reason FAO(OS) 670/2015 & FAO(OS) 671/2015 By:AMULYA

s for our surprise because learned counsel for the parties state that the two appeals could be disposed of by passing consent directions. 2.

The two appeals are accordingly disposed of, passing consent directions containing following terms;- (i) Right to cross-examine Dev Raj Dogra which has been closed under the impugned order is re-opened. The appellants would be permitted to further cross-examine Dev Raj Dogra but through video conferencing. The reason is Dev Raj Dogra is aged 92 years. He keeps ill-health. He is currency settled in Maryland, United State of America.

(ii) Cost of video conferencing to cross-examine Dev Raj Dogra to be incurred both at India and United States of America shall be borne by the appellants.

3.

Since the suit has since been transferred on account of increase of pecuniary jurisdiction to the Court of learned District Judge, whether further evidence shall be recorded before the Local Commissioner or before the Court is left to the discretion of the transferee Court. 4.

No costs.

p■ CM Nos.30230/2015 in 670/2015 & CM No.30233/2015 in FAOfOS) 671/2015 Dismissed as infhictuous.

PRADEEP NANBRAJOG, J.

MUKTA GUPTA, J.

MARCH 31, 2016 'skh'

FAO(OS) 670/2015 & FAO(OS) 671/2015