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2022 Supreme(Kar) 137

SACHIN SHANKAR MAGADUM
T. G. Veeraprasad S/o T. G. Mallikarjun Setty – Appellant
Versus
Prakash Gandhi S/o Late Sri. Anraj Gandhi – Respondent


Advocate Appeared:
For the Appellant :SRI.UDAY HOLLA, SR.COUNSEL FOR SRI.AJAY J N AND AJAY J NANDALIKE, ADVOCATES
For the Respondent: SRI.B.M.BALIGA, SMT.H.R.ANITHA, adv

ORDER :

The captioned writ petition is filed by the petitioners-defendants 1 to 4 and 7 questioning the order of the learned Judge passed on I.A. filed under Section 151 of CPC. seeking permission to lead ocular evidence through video conferencing facilities.

2. For the sake of convenience, the parties are referred to as per their rank before the Court below.

3. The plaintiffs have instituted a suit seeking to declare them as absolute owners of suit lands and for consequential relief of injunction to restrain defendants 1 to 4 from interfering with their peaceful possession and enjoyment. The plaintiffs have specifically pleaded at Para 7 of the plaint that the first defendant without any authorisation, on the strength of forged and fabricated power of attorney, has illegally transferred suit lands belonging to plaintiff in favour of defendants 2 to 4. The plaintiffs have also alleged that they have registered a complaint against defendants 1 to 4 for the offences punishable under Sections 420, 461, 462 and 465 read with Section 120-B of IPC. The learned Magistrate has referred the matter for investigation under Section 156(3) of Cr.P.C. On these set of pleadings, the plaintiffs have

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