- 1 - HC-KAR CNR: KAHC010494502019 NC: 2026:KHC:45461 RFA No. 304 of 2020 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. 304 OF 2020 (RES) BETWEEN: 1. SRI. B. A. JIVIJAYA, S/O LATE AIYAPPA, AGED ABOUT 82 YEARS, PLANTER AND POLITICIAN, JAYASHREE ESTATE, BILIGERI VILLAGE AND POST, VIA MADAPUR, SOMWARPET TALUK, KODAGU -571 201. (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) …APPELLANT (BY SRI. H.N. BASAVARAJU, ADVOCATE) AND: 1. SRI. M P APPACHU (RANJAN), S/O. LATE MANDEPANDA A. POOVAIAH, AGED ABOUT 62 YEARS, PLANTER, R/O. BAHADUR ESTATE, MADAPUR, SOMWARPET TALUK, KODAGU -571 251. 2. SRI. THIMMAPPA BHAT, FATHER’S NAME NOT KNOWN TO THE APPELLANT, AGED ABOUT 56 YEARS, EDITOR AND PUBLISHER, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010494502019 NC: 2026:KHC:45461 RFA No. 304 of 2020 VIJAYAVANI KANNADA DAILY, #24, SRI SAIRAM TOWERS, 5TH MAIN ROAD, CHAMARAJPET, BENGALURU-560 018. 3. SRI. C. K. MAHENDRA FATHER’S NAME NOT KNOWN TO THE APPELLANT, AGED ABOUT 46 YEARS, EDITOR, VIJAYAVANI MYSORE EDITION, #2954, JLB ROAD, CHAMUNDIPURAM, K.R. MOHALLA, MYSORE-570 004. 4. SRI. AJJAMADA RAMESH KUTTAPPA, FATHER’S NAME NOT KNOWN TO THE APPELLANT, AGED ABOUT 41 YEARS, REPORTER, VIJAYAVANI, #5, SRI NANJUNDESHWARA KRUPA, II FLOOR, OPP UNION BANK OF INDIA, GANAPATHY STREET, MADIKERI, KODAGU -571 201. …RESPONDENTS (BY SMT RACHITA NANAIAH M., ADVOCATE FOR R-2 SERVED BUT UNREPRESENTED. SRI. SUYOG HERELE E., ADVOCATE FOR R-3 AND R-4) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC 1908 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. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR CNR: KAHC010494502019 NC: 2026:KHC:45461 RFA No. 304 of 2020 ORAL JUDGMENT This appeal is filed by defendant No.4 challenging the judgment and decree passed in O.S.No.23/2013 dated 17.07.2020 passed by Senior Civil Judge, Madikeri, wherein the suit has been decreed, as defendant Nos.1 to 4 have been directed jointly and severally to pay damages for defamation of Rs.10,00,000/- to plaintiffs. Plaintiffs and defendant Nos.1 to 3 have settled the matter and it is recorded in RFA Nos.61/2020 and 2107/2019. In the said compromise, plaintiffs have withdrawn their suit filed in O.S. No.23/2013. Therefore, the present appeal does not survive for consideration. 2. Hence, the appeal is disposed of as the same does not survive for consideration. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 3 Sl No.: 0