Mumbai: Justice C V Bhadang of the Bombay High Court on Thursday — the penultimate day before his retirement — said he was unable to complete a judgment despite his best efforts in an appeal filed by actor Salman Khan against a city civil court order in his defamation suit against his Panvel farmhouse neighbour, Ketan Kakkad, and others.

The judge declared the matter a s “not heard”. This means the appeal will have to be heard afresh by the bench which has now been assigned the matter, said Kakkad’s counsel Aditya Pratap.

On October 11, before the Diwali vacation, the judge had concluded the hearing and reserved the appeal for judgment, which was scheduled to be pronounced on Thursday. Justice Bhadang in his order said, “However, in spite of best efforts and as the matter was heard at some length and the record comprises several volumes, it was not possible to finalise the judgment, with only a day left at my disposal. In such circumstances, the appeal be treated as not heard. ”He posted the matter next to November 14.

Pratap said he had attended the Thursday hearing which was online where Justice Bhadang said, “I tried my level best till last evening also.” He said “unfortunately”, he was held up because of administrative and other work, and also there was vacation and that he understood the “apprehension” of parties and that he would have liked to have decided the case.

The actor had m oved the HC in April after he got no relief in his plea to restrain Kakkad, a US citizen, from posting any “defamatory and disparaging allegations in videos” a bout him (Khan) and his family. The app eal was listed on 11 dates prior and heard at length.

Advocate Abha Singh and Aditya Pratap argued for Kakkad, saying it was an issue of fundamental right to speech and that Kakkad had evidence of what he posted, while Khan represented by DSK Legal and initially by senior counsel Ravi Kadam and later by Rohan Kadam argued for relief. His case was that the posts were prejudicial to the actor’s interest and caused him much harm.

A civil court here on Wednesday rejected Salman Khan's application seeking an injunction order in a defamation suit filed by him against an NRI for allegedly making defamatory and derogatory remarks against the Bollywood actor and his family members regarding his farmhouse in Panvel.

The NRI, Ketan Kakkad, owns a piece of a plot on a hill next to Khan's farmhouse in Panvel in the Raigad district neighbouring Mumbai.

According to Salman Khan's defamation suit, Kakkad had made defamatory comments against the actor while giving an interview to a YouTuber.

The actor in an application filed along with the suit had sought the court to grant an injunction against Kakkad from making any further comments against him or his family members.

Additional Sessions Judge Anil Laddhad on Wednesday rejected Khan's application. A detailed order is not yet available.

Khan's advocate Pradeep Gandhy had argued that Kakkad had made false, disparaging and defamatory allegations in videos, posts and tweets causing harm and loss to the actor, his family members and his business ventures.

Gandhy stated that Kakkad had attempted to purchase a plot of land beside Khan's farmhouse in Panvel. However, that transaction was cancelled by authorities on the ground that it was illegal.

Kakkad then allegedly started raising false and baseless accusations that the transaction had been cancelled at the behest of Khan and his family members, Gandhy stated.

Advocates Abha Singh and Aditya Pratap, appearing for Kakkad, opposed the relief sought by Khan, arguing that the said statements revolved around facts about Khan's property that could not amount to defamation.

They further argued that Kakkad had purchased the said land in 1996. He retired in the year 2014 retired and wanted to live there. However, he could not access his land due to the encumbrances caused by Salman Khan and his family.

Mumbai: Actor Salman Khan has filed Short Cause civil suit against his Panvel farmouse neighbour Ketan Kakkad and others before the City Civil Court for interim orders to restrain them from making “false, disparaging and defamatory allegations in videos/posts/tweets’’ which the actor claimed is causing him and his family members“ grave harm, loss and prejudice’’.

Khan’s lawyer Pradeep Ghandy sought urgent ad-interim relief on Friday before the court. However, Advocates Abha Singh and Aditya Pratap appearing for Kakkad opposed such a plea and others sought time to take instructions and file their replies as they said the copy of his plaint was served on them only on Thursday.

The Court of Additional Sessions Judge Anil Laddhad adjourned the hearing to 20th January 2022and directed the Defendants to file their replies by then.