This petition is directed against the impugned order

dated 04.12.2021 passed in O.S.No.5793/2019 by the

XXXIX Additional City Civil and Sessions Judge, Bengaluru

(for short “the trial Court”), whereby issue No.4 relating to

territorial jurisdiction of the trial Court to adjudicate and

decide the suit has been answered in favour of the

respondent-plaintiff and against the petitioner-defendant.

2.

Heard learned counsel for the petitioner,

learned counsel for the respondent and perused the

material on record.

3.

The material on record discloses that the

respondent-plaintiff instituted the aforesaid suit against the

petitioner-defendant for payment of a sum of Rs.1 lakh

towards

damages

for

making

defamatory/derogatory

allegations made against the respondent-plaintiff and for

other reliefs. The petitioner-defendant opposed the said

suit denying the plaint averments and also inter alia

contending that the Civil Court at Bengaluru did not have

territorial jurisdiction to adjudicate upon the suit and that the

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suit should necessarily have to be filed at Puttur, where the

petitioner and defendant were undisputedly residing at the

time of institution of the said suit. Pursuant to the aforesaid

pleadings of the parties, the trial Court framed seven issues

including issue No.4 relating to territorial jurisdiction of the

Civil Court at Bengaluru. After hearing the parties on issue

No.4, the trial Court recorded a finding that the Civil Court

at Bengaluru had territorial jurisdiction to decide the suit

and consequently, answered this issue in favour of the

respondent-plaintiff and against the petitioner-defendant,

who is before this Court by way of the present petition.

4.

Though several contentions have been urged

by both sides in support of their respective claims as

regards territorial jurisdiction of the trial Court (i.e., City Civil

Court, Bengaluru) or the lack of it, since the said issue

requires oral and documentary evidence to be adduced by

both parties, without expressing any opinion on the merits

and demerits of the rival contentions on all issues including

the issue regarding territorial jurisdiction, I deem it just and

proper to dispose of this petition setting aside the impugned

⁴

order on issue No.4 relating to territorial jurisdiction by

directing the trial Court to decide all issues including issue

No.4 after recording oral and documentary evidence on all

issues including issue No.4 and by providing sufficient and

reasonable opportunity to both sides to put forward their

respective claims and contentions and leaving open all

contentions in this regard on all aspects of the matter

including territorial jurisdiction.

5.

In the result, I pass the following:

ORDER

(i)

The petition is hereby disposed of.

(ii)

The impugned order on issue No.4 dated

04.12.2021 passed in O.S.No.5793/2019 by

the XXXIX Additional City Civil and Sessions

Judge, Bengaluru is hereby set aside.

(iii)

The trial Court is directed to dispose of the

suit by deciding all issues including issue

No.4 in relation to territorial jurisdiction by

recording oral and documentary evidence of

⁵

both

sides

and

proceeding

further

in

accordance with law.

(iv)

All rival contentions and issues between the

parties including the contentions and issues

regarding territorial jurisdiction are kept open

to be decided by the trial Court along with

other issues at the time of final disposal of

the suit.

Sd/-

JUDGE

Bmc