Kuldeep Jagannathrao Gawande v. Manohar S/O Chandrabhanji Shelke

1 918sa94.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 94/2022 Kuldeep Jagannath Gawande (dead) thr. LR's Kanchanmala wd/o Kuldeep Gawande and others. Vs. Manohar s/o Chandrabhanji Shelke. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.J. Chandurkar, Advocate for appellant. Shri V.G. Palshikar, Advocate for respondent. CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

13/12/ 22.

Heard.

Admit on the following substantial questions of law:- "1) Whether the judgment passed by the Appellate Court is vitiated; inasmuch as the finding by the trial Court to the effect that the newspaper reports do not cause disrepute, was not challenged in the cross-objection by the plaintiff?

2) Whether the plaintiff's claim was liable to be rejected inasmuch as the news paper item published in Exh.30 and Exh. 31 were found to have been published only as a reply of Exh. 32 and Exh. 33, coupled with the fact that they were not found to be defematory by the trial Court?"

CIVIL APPLICATION (CAS) NO. 672/2021 The present application is filed for grant of stay.

The learned counsel for the appellant makes a statement that he has already deposited

2 918sa94.2022 half of the amount and there is no dispute on this submission as the respondent has already withdrawn the said amount.

For the reasons stated in the application, the present civil application is allowed in terms of prayer clause- (1), till disposal of the appeal. JUDGE rkn Signed By:RAJESH K NANDURKAR