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2010 Supreme(Kar) 874

B.S.PATIL
B. M. Thimmaiah – Appellant
Versus
T. M. Rukimini – Respondent


Advocates Appeared:
For the Appellant:K.K. Vasanth, Advocate.
For the Respondents:R1, K.S. Bheemaiah, Advocate.

JUDGMENT

1. This Regular First Appeal is directed against the judgment and decree dated 01.08.2005 passed by the I Addl. City Civil & Sessions Judge, Bangalore, in O.S.No.3298/1988, decreeing the suit in part and directing defendants 1 & 2 to pay a sum of Rs.60,000/- to the plaintiff jointly and severally with interest at the rate of 18% p.a. from the date of the suit till realization.

2. Appellant herein was defendant No.2 before the Trial Court. Defendant No.1 having died during the course of trial, his legal representatives had been brought on record. They have not chosen to file any appeal. As regards defendant No.3, the suit has been dismissed.

3. For the sake of convenience, the parties are referred to by the rank assigned to them before the Trial Court.

4. The plaintiff instituted the suit claiming damages in a sum of Rs.60,000/- along with interest alleging that defendants 1 to 3 had in the written statement filed in O.S.No.5034/1987, used a defamatory statement imputing ‘questionable and doubtful relationship’ between the plaintiff on the one hand and one B. Krishnappa on the other. It is relevant to notice here that the said suit O.S.No.5034/1987 was filed by the plaintif





































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