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Khan had filed the present defamation suit before the Mumbai City Civil Court against Kakkad, a Non Resident Indian (NRI) and others for allegedly making derogatory remarks against him and his family over a land sale transaction.
The plea pointed out that Kakkad had attempted to purchase a plot of land beside Khan’s farmhouse in Panvel; however that transaction was cancelled by the authorities on the ground that it was illegal.
However, after the said transaction was cancelled, Kakkad started raising false and baseless accusations that the transaction had been cancelled at the behest of Khan and his family members.
In the recent past, Khan’s team came across several videos in relation to Khan’s farmhouse in Panvel uploaded on the social media accounts of the defendants.
Aggrieved by the same, Khan filed the present suit.
Kakkad’s defence was that Khan had blocked his land by an iron gate and he had not been able to rightfully access it since 2014, when he permanently moved back to India from the United States of America.
He claimed that Khan would invite him to his farmhouse and exchange pleasantries, and in turn use his land for fishing and jogging.
However, all of this changed after Kakkad shifted back to India.
Judge Laddhad said that what would be relevant at this juncture was whether Kakkad prima facie made out a defence for justification and pleadings according to law.
Going through Kakkad’s submissions, the Court concluded that Kakkad did produce specific material to support his defence.
The Court, therefore, denied interim relief to Khan.
Source: Barandbench