MOHAMMED BASHU, ADVOCATE Vs. V C HIREMATH PRESS REPORTER

JUDGEMENT

(1.) PRESENT appeal is filed by the plaintiff of an original suit bearing O.S.No.199/2006 which was pending on the file of the Court of Addl. Civil Judge & JMFC, Hospet against the respondents herein i.e., defendants 1 and 2 in the said suit. Parties will be referred to as plaintiff and defendants 1 and 2 as per their ranking given in the trial Court.

(2.) PLAINTIFF had filed a suit for recovery of damages of Rs.25,000/ - on the ground that the defendants had published a defamatory article in Vijaya Karnataka newspaper, Gangavathi Edition dated 27.06.2006. The news so published on 27.06.2006 is stated to be per se defamatory in nature and as a result of the same, his esteem has come down in the eyes of public, more particularly, the persons who know him very well.

(3.) PLAINTIFF is a practicing Advocate at Hospet of Bellary District. On 27.06.2006 a scuffle took place between plaintiff on the one hand and few advocates on the other hand in front of Civil Judge Court at Hospet and the plaintiff is stated to have assaulted one lady advocate by name Shilpa Bhat and he is stated to have trampled upon her. Being enraged by this about 50 Advocates of the same Bar Association assaulted him and case and counter case have been lodged before the police. In view of the scuffle between two groups of advocates at Hospet, public were surprised and were talking among themselves as to what could happen to them if the Advocates themselves would involve in such an act. This is the gift of the news published.