LAWS(KAR)-2011-9-165

S.N. MANJUNATH S/O LATE NARASIMHA MURTHY Vs. H.B. HONNAMAKKI RAMESH HEGDE S/O LATE H.B. BYRE GOWDA AND H.A. NAGABHUSHANA BHATTA

Decided On September 22, 2011
S.N. Manjunath S/O Late Narasimha Murthy Appellant
V/S
H.B. Honnamakki Ramesh Hegde S/O Late H.B. Byre Gowda And H.A. Nagabhushana Bhatta Respondents

JUDGEMENT

(1.) ORDER dated 06 -01 -2011 in OS No. 233/2004 is questioned, whereby the learned Prl. Civil Judge, Chikmagalur, held that it has territorial jurisdiction to entertain the suit for damages for defamation against the Defendants.

(2.) PETITION is posted for admission. Heard.

(3.) THE Petitioner entered the context in the suit as Defendant No. 1 and filed detailed written statement. Issues are framed based on the material proposition and pleadings and parties went to trial. The evidence is recorded and virtually it is reacting completion. At this juncture the Petitioner raised question regarding territorial jurisdiction of the court to entertain the suit on the plea that the publication of 'Malays Marutha' Kannada weekly of June 11 -18/2004 was at Mudigere and not in Chickmagalur Town. Therefore, he averred that the suit filed in the Court of Prl. Civil Judge at Chikmagalur had no territorial jurisdiction.