- 1 - HC-KAR CNR: KAHC010449722019 NC: 2026:KHC:45458 RFA No. 61 of 2020 C/W RFA No. 2107 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 61 OF 2020 (RES) C/W REGULAR FIRST APPEAL NO. 2107 OF 2019 IN RFA No. 61/2020 BETWEEN: 1. SRI THIMMAPPA BHAT S/O. NARAYAN BHAT, AGED ABOUT 62 YEARS, FORMERLY EDITOR, PRINTER AND PUBLISHER, ‘VIJAYAVANI’, No.24, SRI SAIRAM TOWERS, 5TH MAIN ROAD CHAMARAJPET BENGALURU – 560 018. PRESENTLY R/AT R-O. No.1627, I ‘A’ CROSS, II MAIN, OPP: GOODWILL APARTMENTS, CHANDRA LAYOUT, VIJAYNAGAR, BENGALURU-560 040. 2. SRI C K MAHENDRA S/O. SHRI. KRISHNEGOWDA, AGED ABOUT 46 YEARS, RESIDENT EDITOR, VIJAYAVANI, KANNADA DAILY, R/O-No.2954, JLB ROAD, CHAMUNDIPURAM, K R MOHALLA, MYSORE-570 004. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010449722019 NC: 2026:KHC:45458 RFA No. 61 of 2020 C/W RFA No. 2107 of 2019 3. SRI AJJAMADA RAMESH KUTTAPPA S/O. A M RAMESH, AGED ABOUT 41 YEARS, CHIEF CORRESPONDENT, VIJAYAVANI, KANNADA DAILY R.O. NO.5, SRI. NANJENDESHWARA KRUPA, II FLOOR, OPP. UNION BANK OF INDIA, GANGAPATHY SREET, MADIKERI, KODAGU DIST-571 201. …APPELLANTS (BY SRI SUYOG HERELE E, ADVOCATE) AND: 1. M.P. APPACHU (RANJAN) AGED ABOUT 63 YEARS, S/O. LATE MANDEPANDA A POOVAIAH, PLANTER, R/O BAHADUR ESTATE, MADAPUR, SOMWARPET TALUK, KODAGU DISTRICT -571 251. 2. SRI B A JIVIJAYA S/O. LATE AIYAPPA, AGED ABOUT 82 YEARS, JAYASHREE ESTATE, BILLIGERI VILLAGE AND POST. VIA MADAPUR, SOMWARPET TALUK, KODAGU DISTRICT -571 201. …RESPONDENTS (BY SRI BALASURBRAMNAYA B N, ADVOCATE FOR R1 SRI H N BASAVARAJU, ADVOCATE FOR R2) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.07.2019 PASSED IN OS.No.23/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI, DECREEING THE SUIT FOR DAMAGES. - 3 - HC-KAR CNR: KAHC010449722019 NC: 2026:KHC:45458 RFA No. 61 of 2020 C/W RFA No. 2107 of 2019 IN RFA No. 2107/2019 BETWEEN: 1. SRI THIMMAPPA BHAT S/O NARAYAN BHAT, AGED ABOUT 56 YEARS, No.24, SRI SAIRAM TOWERS, 5TH MAIN ROAD, CHAMARAJPET BENGALURU-560 018. 2. SRI C K MAHENDRA S/O KRISHNEGOWDA, AGED ABOUT 51 YEARS, # 2954,, JLB ROAD, CHAMUNDIPURAM, K R MOHALLA, MYSORE-570 004. 3. SRI AJJAMADA RAMESH KUTTAPPA S/O A M RAMESH, AGED ABOUT 41 YEARS, # 5, SRI NANJENDESHWARA KRUPA, II FLOOR,, OPP UNION BANK OF INDIA, GANGAPATHY STREET, MADIKERI, KODAGU DISTRICT -571 201. ...APPELLANTS (BY SRI SUYOG HERELE E, ADVOCATE) AND: 1. M P APPACHU (RANJAN) AGED ABOUT 63 YEARS, S/O LATE MANDEPANDA A POOVAIAH, PLANTER, R/O BAHADUR ESTATE, MADAPUR, SOMWARPET TALUK, KODAGU DISTRICT -571 251. 2. SRI B S JIVIJAYA S/O LATE AIYAPPA, AGED ABOUT 80 YEARS, - 4 - HC-KAR CNR: KAHC010449722019 NC: 2026:KHC:45458 RFA No. 61 of 2020 C/W RFA No. 2107 of 2019 JAYASHREE ESTATE, BILLIGERI VILLAGE, AND POST, VIA MADAPUR, SOMWARPET TALUK, KODAGU DISTRICT -571 201. ...RESPONDENTS (BY SRI PRABHUGOUD B TUMBIGI, ADVOCATE FOR R1 SRI H N BASAVARAJU, ADVOCATE FOR R2) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.07.2019 PASSED IN OS.No.23/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI, DECREEING THE SUIT FOR DAMAGES. THESE APPEALS, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT RFA No.61/2020 is filed by defendant Nos.1 to 3 challenging the dismissal of the counter claim filed by them in the Judgment and Order dated on 17.07.2019 passed in O.S.No.23/2013 on the file of Senior Civil Judge, Madikeri. 2. RFA No.2107/2019 is filed by defendant Nos.1 to 3 challenging judgment and decree where suit in O.S.No.23/2013 has been decreed, directing appellants – - 5 - HC-KAR CNR: KAHC010449722019 NC: 2026:KHC:45458 RFA No. 61 of 2020 C/W RFA No. 2107 of 2019 defendant Nos.1 to 3 to make payment of damages for defamation of Rs.10,00,000/-. 3. An application under Order XXIII Rule 1 of CPC, 1908 is filed and it is signed by counsel for appellants and counsel for respondent No.1. Respondent No.2 in this case was defendant No.4 and he is formal party. Terms of settlement reads as under: “1. The Respondents/Plaintiffs had filed a suit in O.S. No. 23/2013 in the Court of Sr. Civil Judge at Kodagu for the Damages and Permanent Injunction against Appellants/Defendants No.1 to 3 herein and the Defendant No.3 therein had filed counter claim in the said suit. 2. The Ld. Trial court vide its judgment and order dated:17-7-2019 had decreed suit filed by Plaintiff/Respondent No.1 herein while rejecting the counter claim filed by Defendants. The Appellants challenging said Judgment and Decree had preferred present appeals. 3. It is submitted that, during the pendency of the Appeal both the Appellants and Respondent No.1 herein have come to a mutual agreement regarding the issue at hand and have amicably resolved their intersay misunderstanding amongst each other and - 6 - HC-KAR CNR: KAHC010449722019 NC: 2026:KHC:45458 RFA No. 61 of 2020 C/W RFA No. 2107 of 2019 they no longer wish to prosecute the suit and The Respondent No.1/Plaintiff seeks leave of the Hon'ble Court to unconditionally withdraw the original suit in OS.No.23/2013 on the file of Ld. Senior Civil Judge at Kodagu, Madikeri. 4. Further, the Appellants also doesnot wish to prosecute the counter claim in OS.No.23/2013 on the file of Ld. Senior Civil Judge at Kodagu, Madikeri and seeks leave of the Hon'ble Court to unconditionally withdraw the suit.” 4. As per terms of settlement, plaintiff – respondent No.1 is withdrawing his suit in O.S.No.23/2013 and appellants –defendant Nos. 1 to 3 have withdrawn their counter claim in O.S.No.23/2013. In view of the said settlement, both appeals are disposed of. 5. In view of settlement, appellants are entitled to refund of the Court fee of 75% as per Section 66 of Karnataka Court Fee and Suit Valuation Act. 6. Learned counsel for appellants in both appeals submits that refund the Court fee be made only to appellant No.1 in both appeals. - 7 - HC-KAR CNR: KAHC010449722019 NC: 2026:KHC:45458 RFA No. 61 of 2020 C/W RFA No. 2107 of 2019 7. Hence, Office is directed to refund Court fee to appellant No.1 in both appeals. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 3 Sl No.: 7 Ct.sm