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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2022 BEFORE THE HON9BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.10926 OF 2022 (GM-CPC)
BETWEEN:
SRI K LAKSHMAIAH REDDY ALSO KNOWN AS K L REDDY S/O LATE KRISHNAPPA REDDY AGED 87 YEARS R/AT NO 4677, ROLLING RIDGE WEST BLOOMFILED MICHIGAN-48323, USA REP BY SPA HOLDER R SRINIVASA REDDY S/O LATE A V RAMAIAH AGED 70 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMED ...PETITIONER (BY SRI.RAJESWARA P N, ADVOCATE)
AND:
11. SRI V ANIL REDDY S/O K VENAKTARAMANA REDDY (K V REDDY)
AGED 51 YEARS PERMANANTLY R/AT NO 2/13 NICHOLAS DRIVE, SANDY BAY HOBART 7005, AUSTRALIA PRESENTLY R/AT NO 45 R V ROAD, BASAVANAGUDI BENGALURU-560004
22. SMT V ARUNA REDDY W/O G RAVINDRA REDDY AGED 52 YEARS R/AT NO 19, 12TH MAIN ROAD WILSON GARDEN, BENGALURU-560030
33. SRI L SAMARTH REDDY S/O LAKSHMAIAH REDDY (K L REDDY)
AGED 51 YEARS R/AT NO 6001, VIA VENITAI NORTH DELRAY BEACH, FLORIDA-33484 USA
44. MISS L AJITHA REDDY D/O K LAKSHMAIAH REDDY (K L REDDY)
AGED 48 YEARS R/AT NO 444, WEST BELMONT RD UNIT 4B, CHICAGO II-60657, USA
55. SMT.SHARADAMMA W/O LATE K NARAYANA REDDY AGED 83 YEARS R/AT NO 2009, WAMA IBBANI APARTMENTS KASAVANAHALLI, BENGALURU-560037
66. SMT K N VIJAYALAKSMI W/O SRI A R SHIVARAM D/O LATE K NARAYAN REDDY AGED 65 YEARS R/AT NO 670, 6TH CROSS
3RD BLOCK, KORAMANGALA BENGALURU-560034
77. SRI K N RAVINDRANATH S/O LATE K NARAYANA REDDY AGED 60 YEARS R/AT 2009, WAMA IBBANI APARTMENTS KASAVANAHALLI, BENGALURU-560037
88. SRI K N MOHAN S/O LATE K NARAYAN REDDY AGED 59 YEARS R/AT NO 446, 28TH MAIN
1ST SECTOR, HSR LAYOUT BENGALURU-560102 9. SMT. RADHAMMA W/O LATE K SRINIVASA REDDY AGED 76 YEARS R/AT NO 45, KASAVANAHALLI BENGALURU-560037 10. SRI K S SURESH S/O LATE K SRINIVASA REDDY AGED 58 YEARS RA/T NO 45, KASAVANAHALLI BENGALURU-560037
11. SRI K S JAGADHEESH REDDY S/O LATE SRINIVAS REDDY SINCE DEAD BY LRS
12. SMT P ANITHA W/O LATE JAGADISH REDDY AGED 51 YEARS
13. MISS SANJANA D/O LATE JAGADISH REDDY AGED 31 YEARS
14. SRI NISHANTH S/O LATE JAGADISH REDDY AGED 29 YEARS RESPONDENT NOS.11 TO 13 ARE R/AT NO 45, KASAVANAHALLI BENGALURU-560037
15. SRI K S SATISH S/O LATE K SRINIVASA REDDY AGED 51 YEARS ARE R/AT NO 45, KASAVANAHALLI BENGALURU-560037
16. SRI A N SUBHAS CHANDRA S/O LATE A V NARASIMHA REDDY AGED 71 YEARS R/AT 1ST FLOOR, BLOCK NO 20 RADIANCE CORPORATE LEISURE SUN CITY APARTMENTS, IBBALUR VILLAGE BENGALURU SOUTH TQ BENGALURU-560034
17. SRI A N LINGA REDDY S/O LATE A V NARASIMHA REDDY AGED 69 YEARS R/AT KOTEMANE, 10TH A MAIN INDIRANAGAR 2ND STAGE BENGALURU-560038
18. SMT Y P HEMAMALINI REDDY W/O LATE A N RAJA VENKAT REDDY AGED ABOUT 50 YEARS R/AT NO 53/18, 2ND CROSS
2ND MAIN, LALJINAGAR LAKKASANDRA, BENGALURU 560030
19. SMT A N SARASWATHI D/O LATE SRI A V NARASIMHA REDDY SINCE DEAD BY LRS I.E., RESPONDENT NO 15 TO 17
20. MISS S LIKITHA LAKSHMI D/O K S SURESH AGED ABOUT 29 YEARS R/AT NO 45, KASAVANAHALLI BENGALURU-560037
21. SRI S NIKHIL REDDY S/O K S SURESH AGED 25 YEARS R/AT NO 45, KASAVANAHALLI BENGALURU-560037
22. M/S SJR BUILDERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.49, 27TH MAIN ROAD 1ST STAGE, BTM LAYOUT BENGALURU-560068 REP BY ITS CO-PARTNER SRI J VIJAY REDDY AND ALSO AT M/S SJR ENTERPRISES PVT LTD HAVING ITS REGISTERED OFFICE AT SJR PRIMUS
7TH FLOOR, 1-KORAMANGALA INDUSTRIAL ESTATE, BENGALURU-560095
23. M/S S J R ENTERPRSIES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT
7TH AND 8TH FLOORS SJR PRIMUS, NO 1, INDUSTRIAL LAYOUT SEVENTH BLOCK, KORAMANGAL BENGALURU-560095 REP BY DIRECTORS
1) MR J BOOPESH REDDY
2) MR J VIJAY REDDY
24. M/S SJR PRIME CORPORATION PVT LTD A COMAPNY INCORPOATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT
7TH AND 8TH FLOORS SJR PRIMUS, NO 1, INDUSTRIAL LAYOUT SEVENTH BLOCK, KORAMANGALA BENGALURU-560095 REP BY DIRECTOR
1) MR J VIJAY REDDY
25. BHARATH PETROLEMUM CORPORATION LIMITED (BPCL)
A COMAPNY INCORPROATED UNDER THE INDIAN COMAPNIES ACT 1913 HAVING ITS TERRITORY OFFICE AT DU-PARC TRINITY, 7TH FLOOR
17TH M G ROAD, BENGALURU-560001 REP BY TERITORY MANAGER (RETAIL)
MR RAJEEV KUMAR
26. M/S THE KARNATAKA ELECTRICITY BOARD EMPLOYEES COOPERATIVE SOCIETY LTD BENGALURU PRESENTLY KNOWN AS KPTCL EMPLOYEES CO-OPERTIVE SOCIETY LTD HAVING ITS REGISTERED OFFICE AT ANANDA RAO CIRCLE, RACE COURSE ROAD BENGALURU-560009 BY ITS DIRECTOR
27. SRI K P CHAMPAKADAMA SWAMY S/O SRI K S PUTTASWAMY MAJOR HON SECRETARY M/S THE KARNATAKA ELECTIRCITY BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD BENGALURU PRESENTLY KNOWN AS KPTCL EMPLOYEES CO-OPERATIVE SOCIETY LTD HAVINT ITS REGISTERED OFFICE AT ANAND RAO CIRCLE, RACE COURSE ROAD BENGALURU-560009
28. M/S GOLDEN GATE PROJECTS A PARTNESHIP FIRM UNDER THE INDIAN PARTNERSHIP ACT HAVING ITS REGISTERED OFFICE AT NO 96
1ST FLOOR, 4TH B BLOCK KORAMANGALA EXTENSION, BENGALURU-560034 REP BY ITS PARTNER, SRI S MARTIN S/O SRI SANTHIAGO
29. MISS ANUSHA A S ALSO KNOWN AS ANUSHA A S KAMATH (ADOPTED DAUGHTER)
AGED 27 YEARS D/O LATE DR.A N RAJAVENAKATA REDDY AND SMT Y P HEMAMALINI REDDY
30. MASTER AKSHAYA A S ALSO KNOWN AS AKSHAYA PUTTUR KAMATH AS (ADOPTED SON) AGED 21 YEARS S/O LATE DR.A.N RAJAVENKATA REDDY AND SMT Y P HEMAMALINI REDDY RESPONDENT NOS.27 AND 28 ARE R/AT 53/18, 2ND MAIN
2ND CROSS, LALJINAGAR LAKKASANDRA, BENGALURU-560030 &RESPONDENTS (BY SRI.SUNIL S.RAO, ADVOCATE FOR R8;
SRI.VENKATESH ARBATTI, ADVOCATE FOR SRI.AKASH.V.T, ADVOCATE FOR C/R12 & 13;
SRI.GIRISH KUMAR, ADVOCATE FOR R14;
SRI.J.M.RAJANNA SETTY, ADVOCATE FOR R6;
V/O DTD: 09.06.2022 NOTICE TO R1-5, 7, 9-11 &
R15-29 ARE D/W)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.05.2022(ANNEXURE-A) PASSED IN OS 66 OF 2016 ON THE FILE OF THE III ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC., THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 09.06.2022, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the defendant No.2 questioning the order dated 30.05.2022 passed on memo filed by the petitioner/defendant No.2. Under the impugned order, the learned Judge has declined permission sought by the counsel appearing for the present petitioner/defendant No.2 to be present at the remote point while recording evidence of defendant No.2.
2. The present petitioner is a resident of Michigan, USA and is aged about 87 years and is suffering from various health issues. Therefore, the petitioner filed applications in I.A.Nos.27 and 28 under Rule 6 of the Video Conferencing Rules and also application in I.A.No.36 under Order 18 Rule 16 of CPC to examine the petitioner immediately. The said applications were allowed by the Trial Court thereby permitting the present petitioner/defendant No.2 and defendant No.5 to record their evidence through Video Conference. The Trial Court accordingly with the consent of parties to the suit, fixed the date of recording evidence through video conferencing on 06.06.2022. The petitioner filed memo on 25.05.2022 requesting the Court to make further e-mail correspondence towards logistic support and to inform the remote point coordinator to issue 5 entry passes to enable the petitioner to have assistance of his Advocate and also attendants.
3. The contesting defendants filed statement of objections to the said memo. The learned Judge vide impugned order at Annexure-A has refused to permit the petitioner's Advocate to be present at the remote point while recording evidence of defendant No.2. It is this order which is under challenge.
4. Learned counsel appearing for the petitioner reiterating the grounds has raised the following questions:
"1) Whether an advocate representing a party who has been tendered in evidence from a Remote point can be excluded from the remote point at the time of recording evidence of the witness?
2) Whether a party to the proceedings could be excluded from personal presence at the remote point where evidence of a witness in the case is being recorded at the Remote Point?
3) What order or direction is required to be issued?"
5. Learned counsel would vehemently argue and contend that Advocate plays a vital role in dispensation of justice. Referring to the principles of the Hon'ble Apex Court in the case of Shrimati Jamilabai Abdul Kadar vs. Shankarlal Gulabchand and Others, (1975) 2 SCC 609, he would point out that the Hon'ble Apex Court while rendering the above said judgment was of the view that the lawyer appearing in the Court is a class by himself and to compare him with an ordinary agent may be to lose sight of the lawyer as engineer of the rule of law in society. Referring to the judgment, he would also point out that the observations made by the Hon'ble Apex Court indicating that legal profession is a para- public institution which deserves special confidence of and owes greater responsibility to the community at large than the ordinary run of agency. He would further contend that casting aspersions on an Advocate is undesirable.
6. The second limb of arguments canvassed by the learned counsel for the petitioner is in regard to interpretation of provision of Video Conferencing Rules. Referring to the Rules, he would point out that said Rules do not specifically exclude the Advocate when evidence of witness is being recorded either at the Court point or at the remote point. Referring to Rule 2(iv) of the Rules, he would contend that the said definition is an inclusive definition and therefore, interpreting the above said Rule, learned counsel would contend that both physical and virtual court are presumed to be Court for all practical purposes. Therefore, referring to Rules 2(v) and 2(x) , he would contend that Court point and remote point together constitute a Court more particularly, when evidence is being recorded through video conference. It is in this background, he would counter the defence of the contesting respondents that the remote po
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