Ashok Hasyagar S/O Mahabaleshwar vs The Totagars Co-Operative Sale Society ... on 21 April, 2022

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Karnataka High Court

Ashok Hasyagar S/O Mahabaleshwar vs The Totagars Co-Operative Sale Society ... on 21 April, 2022

Bench: Ravi V.Hosmani

  IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

        DATED THIS THE 21 S T DAY OF APRIL, 2022

                         BEFORE

       THE HON'BLE MR.JUSTICE RAVI V.HOSMANI

           R.S.A. NO. 100698/2019 (DAMAGES)

BETWEEN
ASHOK HASYAGAR,
S/O. MAHABALESHWAR,
AGED ABOUT 65 YEARS,
SAMPADAARU, LOKADHWANI DAILY,
NEWSPAPER, PRAGATI NAGAR SIRSI ,
UTTAR KANNADA - 581401.
PRESENTLY WORKI NG AS SAM PADAKARU,
JANAMDHYAMA DAILY NEWS PAPER, SIRSI.
                                            ...APPELLANT
(BY SRI. NARAYAN V. YAJI, ADV.)

AND
1. THE TOTAGARS CO-OPERATIVE
SALE SOCIETY LTD.,
SIRSI, U.K . REPT . BY
RAVISH A. HEGDE,
CHIEF MANAGER,
THE TOTAGARS CO-OPERATIVE SALE
SOCIETY LTD., SI RSI - 581401.

2. UMESH BHAT , BHAVIKERI,
AGE 73 YEARS,
FOUNDER TRUSTEE,
"JANASHAKTI VISHWASTHA MANDALI",
SIRSI - 581401.

3. S.B. HIREMATH,
AGE 63 YEARS,
MANAGING TRUST EE,
"JANASHAKTI VISHWASTHA MANDALI"
LOKADHWANI DAI LY NEWSPAPER,
PRAKASHAKARU & MUDRAKARU,
                                   2


SIRSI - 581401

4. JANASHAKTI VI SHWASTHA MANDALI,
SIRSI, GANESH NAGAR ROAD, SIRSI,
R/BY MANAGING T RUSTEE,
S.B. HIREMATH,
LOKADHWANI DAI LY NEWSPAPER,
SIRSI - 581401.

                                                      ...RESPONDENTS

(BY SRI. A.P. HEGDE JANMANE & VIJAY MALALI, ADV. FOR
R1; R3 SERVED)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAI NST
JUDGMENT AND DECREE DATED 26.03.2019 PASSED IN
R.A.NO.5026/2016 ON THE FILE OF FIRST ADDITIONAL
DISTRICT AND SESSIONS JUDGE, U.K. KARWAR SITTING AT
SIRSI DISMISSING THE APPEAL AND CONFIRMING JUDGMENT
AND DECREE DAT ED 19.08.2016, PASSED IN O.S.NO.10/2011
ON THE FILE OF THE SENIOR CIVIL JUDGE, SIRSI, PARTLY
DECREEING THE SUIT FILED FOR DAMAGES.

    THIS RSA COMING ON FOR ORDERS                    THIS    DAY,   T HE
COURT , DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for respondent no.1 submits that as per instructions, a memo is filed as follows:

"The respondent no 1 herein filed suit at OS No 10/2011 was filed against appellant as well as Respondent no 2 & 3 seeking damages for publishing defamatory article in the Lokadwani News paper on 21.01.2011. Now the matter is settled by way of compromise between the parties and the appellant seeks apology by way of publishing 3 in the News paper. Hence the respondent no 1 will not pursue the Execution Petition filed before the Trial Court and same will withdrawn on the next date of hearing. For the above said reason present second appeal may kindly be closed, in the ends of justice."

This appeal is filed by defendant no.3, wherein main contesting party is respondent no.1.

Learned counsel for appellant submits that in view of the settlement reported in the memo filed by respondent no.1, appellant may be permitted to withdraw this appeal with liberty to seek restoration in case respondent no.1 does not withdraw execution petition.

Placing this submission on record, appeal is dismissed as withdrawn.

Registry to refund admissible court fee to the appellant.

SD/-

JUDGE BVK

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