- 1 - NC: 2025:KHC:11092 WP No. 30828 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 30828 OF 2019 (GM-CPC) BETWEEN: 1. NAVEEN RONALD PEREIRA, S/O LATE TIMOTHY PEREIRA AGED ABOUT 37 YEARS R/A NO.58, LAL BUILDING, 36, GOA STREET FORT, MUMBAI - 400 001, MAHARASTRA. 2. ALWYN PEREIRA, S/O LATE TIMOTHY PEREIRA, RESIDING AT 58, LAL BUILDING, 36, GOA STREET FORT, MUMBAI - 400 001, MAHARASTRA REPRESENTED BY GPA HOLDER. …PETITIONERS (BY SRI. ANIKETH K.U, ADVOCATE FOR SRI. SACHIN B.S, ADVOCATE) AND: 1. ALLOYSIUS S. LOBO, S/O VALERIYAN LOBO, AGED ABOUT 45 YEARS, R/A ALS VIEW, LOBO GARDEN, NEAR P U COLLAGE, MELANTHABETTU VILLAGE AND POST, BELTHANGADY TALUK - 574 124. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11092 WP No. 30828 of 2019 2. BIJU THOMAS, S/O K.C. THOMAS, AGED ABOUT 38 YEARS, R/A KARIYANKAL HOUSE, BARNANAGNAM VILLAGE, CHUDACHERI POST, MINACHIL TALUK, KOTTAYAM DISTRICT KERALA - 686 577. …RESPONDENTS (R1 SERVED AND UNREPRESENTED VIDE ORDER DATED 19.02.2024, NOTICE TO R2 HELD SUFFICIENT) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.07.2019 PASSED IN O.S.NO.1/2014 IN IA UNDER 18 RULE OF 4 AND SECTION 151 OF CPC THE COURT OF PRL SR. CIVIL JUDGE AND JMFC, D.K. VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners, who are plaintiffs in O.S.No.1/2014 pending consideration on the file of the learned Principal Senior Civil Judge and JMFC, Belthangady, Dakshina Kannada, which is filed by them for the relief of declaration and possession against the respondents/defendants, are before this Court being - 3 - NC: 2025:KHC:11092 WP No. 30828 of 2019 aggrieved by the order dated 08.07.2019 passed by the Trial Court on I.A.No.46 seeking permission to tender PW.2 for cross-examination through Audio/Video Link. 2. Learned counsel for the petitioners submits that examination-in-chief of both plaintiff Nos.1 and 2 have been completed as far back as in the year 2019. However, cross-examination could not be done for one or the other reason. In the meanwhile, plaintiff No.2, who has been examined as PW.2 is relocated to United States of America and was unable to make himself physically present for the purpose of cross-examination. 3. He submits therefore, a request was made through the aforesaid interim application filed under Order XVIII Rule 4 of CPC seeking permission to tender himself for cross-examination through Audio/Video Link. The said application was rejected solely on the ground that no technical support was available in the Trial Court to record the evidence through video conference. - 4 - NC: 2025:KHC:11092 WP No. 30828 of 2019 4. He further submits that the present situation is different and also in the light of Rule 8 of Rules for Video Conferencing for Courts published in the Karnataka Gazette, Part-IV-A on 25.06.2020, and that now video conference is available, parties are entitled to appear through video conference. Hence he submits liberty be reserved to the petitioners to make fresh application before the Trial Court enabling them to tender for cross- examination. He further submits that in view of the stay, which is granted in this petition, even PW.1 could not proceed with the cross-examination. 5. Submission of the learned counsel for the petitioners is taken on record. As noted above, since a very limited issue is involved, petition stands disposed of reserving liberty to the petitioners/plaintiffs to make a fresh application before the Trial Court seeking permission to tender themselves for cross-examination. 6. The Trial Court shall consider the same, taking into consideration the present technical upgradation made to - 5 - NC: 2025:KHC:11092 WP No. 30828 of 2019 the Trial Court. It is needless to state that PW.1 shall also tender himself for cross-examination before the Trial Court. The Trial Court shall permit PW.1 to be cross- examined physically. SD/- (M.G.S. KAMAL) JUDGE NG List No.: 1 Sl No.: 15 CT: BHK