- 1 - HC-KAR NC: 2025:KHC:49432 WP No. 5210 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5210 OF 2021 (GM-CPC) BETWEEN: SMT.. ANJALINE ROSELINE REGO AGED ABOUT 67 YERS D/O LAET RAPHAEL REGO CURRENTLY R/AT DAHISAR PREETI CHS LIMITED, 3RD FLOOR FLAT NO.6 VAMAN RAO SAVATNH ROAD DAHISAR EAST MUMBAI - 400 068. REPRESENTED BY HER GPA HOLDER MR. FELIX AGNELLO REGO S/O RAPHAEL REGO A GED ABOUT 61YEARS R/AT LIFE ARK DO.NO.6-24/2 NIDDEL, KULSHEKAR POST MANGALORE - 575 005. …PETITIONER (BY SRI CYRIL PRASAD PAIS, ADV.) AND: 1. MR. AVITUS PAUL REGO S/O LATE RAPHAEL REGO AGED ABOUT 73 YEARS R/AT HOSUE NO.20-50/1 KULSHEKAR, MANGALORE - 575 005 REPRESENTED BY HIS WIFE AND GPA HOLDER MRS. PHYLLIS MARGO REGO AGED ABOUT 72 YEARS R/AT HOUSE NO.20-50/1 KULSHEKAR MANGALORE. 2. THOMAS PIUS REGO SINCE DEAD Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49432 WP No. 5210 of 2021 MRS. LETHISIA REGO W/O THOMAS PIUS REGO AGED ABOUT 73 YEARS. 3. MR. LEVLIN REGO S/O THOMAS PIUS REGO AGED ABOUT 53 YEARS. RESPONDENT NO.2 AND 3 ARE RESIDING ATE NIDDEL HOUSE KULSHEKAR MANGALORE - 575 005. 4. MR. FELEIX AGNELLO REGO S/O RAPHAEL REGO AGED ABOUT 58 YEARS RESIDING ATE NIDDEL HOUSE KULSHEKAR MANGALORE - 575 005. 5. MRS. IRINE NATHALIA D'SOUZA W/O LATE MICHELE D'SOUZA RESIDING T DONDUGURI HOUSE PEDAMALE VILLAGE AND POST MANGALORE TALUK - 575 001. 6. MRS. HILDA NARONHA W/O LATE CYRIL NARONHA RESIDING AT SHANTA PAI CHALL DEMELLO COMPOUND, NEAR DOBHI GHAT, VOCALA SANTHACRUSE EAST MUMBAI - 400 055. 7. MRS. CAROLNE NARONHA W/O NANCY MIRANDA RESIDG AT NIDELE HOSUE KULSHEKARA HOUSE MANGALURU - 575 005. 8. MRS. LUCY D'SOUZA RESIDING AT NIDDELE HOUSE KULSHEKARA HOSUE MANGLURU - 575 005. …RESPONDENTS (V/O DTD: 16.03.2021, NOTICE TO R-2 TO R-8 IS D/W; R-1 SERVED & UNREPRESENTED) - 3 - HC-KAR NC: 2025:KHC:49432 WP No. 5210 of 2021 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.03.2021 PASSED BY THE III ADDL. CIVIL JUDGE AND (JR.DN) MANGALURU IN O.S.NO.581/2008 ON IA NO.19 FILED U/S 151 OF THE CODE OF CIVIL PROCEDURE WHICH IS AT ANNEXURE-A CONSEQUENTLY ALLOW THE APPLICATION IA NO.19 FILED BYT THE 6TH DEFENDANT / PETITIONER HEREIN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant No.6 is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set-aside the order dated 01.03.2021 passed on IA No.19 in OS No.581/2008 by the Court of III Addl. Civil Judge and JMFC, Mangaluru. 2. Heard the learned counsel for the petitioner. Respondents, who are served in the matter have remained unrepresented before this Court. 3. Petitioner herein had filed IA No.19 before the Trial Court under Section 151 of CPC with a prayer to record her evidence virtually i.e., through video conference. The said application was unopposed by the parties to the suit. However, the Trial - 4 - HC-KAR NC: 2025:KHC:49432 WP No. 5210 of 2021 Court vide the order impugned as rejected the said application and being aggrieved by the same, defendant No.6 is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a aged lady who is not in a position to travel. Recording of evidence virtually is now permissible and none of the parties to the suit have opposed the prayer made in the application. 5. Petitioner herein, who is arrayed as defendant No.6 in the suit has filed her written statement and has contested the suit. The Trial Court has raised issues based on the rival pleadings and issue No.3 relates to Will dated 21.02.1997. Petitioner herein is said to be one of the attesting witnesses to the said Will. According to learned counsel for the petitioner, therefore, examination of petitioner is very much necessary in the suit. 6. Be that as it may, it is not in dispute that the plaintiffs or any other defendants have not opposed the prayer made in the application by the petitioner herein to record her evidence virtually i.e, through video conference. It is also not in dispute that recording of evidence and appearance of parties before the - 5 - HC-KAR NC: 2025:KHC:49432 WP No. 5210 of 2021 Court virtually is now permissible. Under the circumstances, I do not find any good reason to reject the prayer made by the petitioner in her application filed under Section 151 of CPC. Therefore, I am of the opinion that the Trial Court was not justified in rejecting IA No.19. According, following order:- 7. The writ petition is allowed. The order dated 01.03.2021 passed on IA No.19 in OS No.581/2008 by the Court of III Addl. Civil Judge and JMFC, Mangaluru, is set-aside and consequently, the prayer made in IA No.19 in OS No.581/2008 is granted. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 44