- 1 - HC-KAR NC: 2025:KHC:19892 WP No. 33580 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 33580 OF 2024 (GM-CPC) BETWEEN: DR. AMENEH MOWLA AGED ABOUT 76 YERS W/O MR. ARDHESHIR DARA PATEL RESIDING AT NO.52 RAVENSCROFT AVENUE LONDON NW118AU UNITED KINGDOM REP. BY POWER OF ATTORNEY HOLDER MR. ALY PATEL AGED ABOUT 37 YEARS S/O MR. ARDESHIR DARA PATEL AND DR. AMENEH MOWLA RESIDING AT 82 8B STREET VILLA 1 AL MANARA, DUBAI. …PETITIONER (BY SMT. NAYANA TARA B. G., ADVOCATE) AND: 1. MR. AKBAR ALI AHMED S/O C.K.AHMED AGED ABOUT 56 YEARS 2. MRS. FYROSE FATHIMA W/O AKBAR ALI AHMED Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19892 WP No. 33580 of 2024 AGED ABOUT 45 YEARS BOTH ARE RESIDING AT NO.5, 1ST FLOOR AISHWARYA APARTMENTS REST HOUSE ROAD BENGALURU – 560 001. ALSO RESIDING AT FLAT NO.B4, “BRUNTON RUSTUMJI” MUNICIPAL NUMBER 76-4-21/25 BRUNTON ROAD, BENGALURU – 560 025. …RESPONDENTS (BY SRI SURYA S., ADVOCATE FOR SRI SIJI MALAYIL, ADVOCATE FOR R1; R2 - SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION OR ORDER OF SIMILAR NATURE SETTING ASIDE THE ORDER DTD. 29.10.2024 PASSED BY XIX ADDITIONAL CITY CIVIL AND SESSION JUDGE (CH 18) IN O.S.NO. 2132 OF 2023 BANGALORE PRODUCED AT ANNX-E INSOFAR AS IT CALLS UPON THE RESPONDENTS TO OBJECT TO THE PETITIONERS REQUEST FOR VIDEO CONFERENCING AND ALLOW THE REQUEST FOR VIDEO CONFERENCING AT ANNX-C1.A- THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:19892 WP No. 33580 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – plaintiff is before this Court seeking the following prayer: “a. Issue a Writ in the nature of Certiorari or any other writ, direction, or order of similar nature setting aside the order dated 29.10.2024 passed by XIX Additional City Civil and Session Judge (CH-18) in O.S.No.2132 of 2023, Bangalore, produced at Annexure – E insofar as it calls upon the Respondents to object to the Petitioner’s request for Video Conferencing and allow the request for Video Conferencing at Annexure – C1; b. Pass such other relief/s under the facts and circumstances of the case in the interest of justice and equity.” 2. Heard Smt. Nayan Tara B.G., learned counsel appearing to the petitioner and Sri Surya S. for Sri Siji Malayil, learned counsel for respondent No.1. Respondent No.2 is served. 3. The issue in the lis in a narrow compass as to whether the petitioner should be permitted to appear through video - 4 - HC-KAR NC: 2025:KHC:19892 WP No. 33580 of 2024 conferencing for the purpose of examination / cross- examination. 4. Learned counsel for the respondents has serious objections to allow the application. 5. Therefore, to give quietus to the issue at least for the present, learned counsel for the petitioner submits that she would secure instructions with regard to the arrival of the petitioner on the shores of this Nation. She further submits that she has sought instruction that between 21.07.2025 and 28.07.2025, the petitioner would be in India and requests the concerned Court to take up the matter for cross- examination on 27th and 28th of July, 2025, on day-to-day basis and close the examination in-chief / cross-examination. 6. Learned counsel appearing for the respondents has no objection for the same. 7. In that light, I deem it appropriate to dispose the subject petition, directing that the petitioner to appear before the concerned Court on the 21.07.2025 and the concerned Court to conclude the examination and cross-examination on or - 5 - HC-KAR NC: 2025:KHC:19892 WP No. 33580 of 2024 before the 26th July, 2025 and the concerned Court shall not grant any adjournments to the respondents. 8. It is made clear that the respondents shall corporate for examination / cross-examination as is directed hereinabove to the concerned Court on all those days. 9. In the event, there is non-cooperation from the hands of the respondents before the concern Court, the only option would be to record evidence through video conferencing in terms of the Rules of video conferencing, notified by this Court. 10. In the event, the regular Court, is for, any reason not holding the proceedings, on the aforesaid dates, and if the matter is posted before the in-charge Court, it shall be equally bound by the observations made in course of the order. Accordingly, writ petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 8 CT:SS