IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR SECOND APPEAL NO. 1688 OF 2019 BETWEEN:

MR SUDESH KUMAR AGED ABOUT 47 YEAS EDITOR, PRINTER, PUBLSIER &

OWNER OF 'KARAVALI MARUTHA'

KANNADA WEEKLY MAGAZINE II FLOOR, GANESH MAHAL COMPLEX K.S RAO ROAD, MANGALORE-575 001 …APPELLANT (BY SRI. RAJASHEKAR S, ADVOCATE)

AND:

1. MR RAHIM UCHIL (ALIAS ABDUL RAHIM)

S/O LATE K ABDULLA Digitally signed by PANKAJA S AGED 44 YEARS Location: H IGH R/AT A-102, CASA GRANDE COURT OF KARNATAKA ATTAVAR, MANGALURU-575 001

2. MR ISMAIL MOODUSHEDDE S/O LATE ABDUL HAMEED AGED ABOUT 37 YEARS SALPADAVU, MOODUSHEDDE VAMANJOOR, MANGALURU-575 005 …RESPONDENTS (BY NOTICE TO R1 IS HELD SUFFICIENT VIDE COURT ORDER DATED 04.11.2024 R2-SERVED, UNREPRESENTED)

THIS RSA IS FILED UNDER SECTION 100 OF CPC FILED AGAINST THE JUDGMENT AND DECREE DATED 25.07.2019 PASSED IN RA NO 130/2016 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND CJM MANGALURU DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.06.2016 PASSED IN OS NO 31/2011 ON THE FILE OF THE II ADDL.CIVIL JUDGE AND JMFC, MANGALURU.D.K.

THIS APPEAL, COMING ON FOR ADMISSIO