(1.) This Writ Petition is filed assailing the order dtd. 22/3/2022 passed in MA No.8 of 2021 by Principal Senior Civil Judge and JMFC at Belthangady dismissing the appeal and confirming the order dtd. 8/6/2021 passed in Civil Miscellaneous Petition No.3 of 2015 on the file of the Additional Civil Judge and JMFC, Belthangady (hereinafter referred to as "the trial Court") allowing application IA.I filed under Order XXXIX Rule 2A read with Sec. 151 of the Code of Civil Procedure in Original Suit No.226 of 2013 before the trial Court.
(2.) The relevant facts for adjudication of this Writ Petition are that, the respondent herein is the plaintiff in Original Suit No.226 of 2013 on the file of the Civil Judge and JMFC, Belthangady, against the defendant No.6/petitioner herein, seeking relief of permanent prohibitory injunction restraining defendants and their agents claiming through them, from making or publishing any imputations / statement /allegations /opinions/News, either in oral, written, electronic or print form/media or any other form of communication/publication, which would directly or indirectly or in any other way, undermine/lower/damage/harm or tend to undermine /lower /damage/harm the reputation of the plaintiff, his family or Sri Khestra Dharmasthala, popularly known as Dharmasthala, its temple, Institution and their Management Committee. In the aforesaid suit, plaintiff filed application under Order XXXIX Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure, seeking temporary injunction restraining the defendants and their agents claiming through them from making or publishing any imputations/statement/allegations/opinions/news, either oral, written, electronic or print form/media or any other form of communication/publication, which would directly, indirectly or in any other way, undermine/lower/damage/harm or tend to undermine/lower/damage/harm the reputation of the plaintiff, his family or Sri Khestra Dharmasthala, its temple, Institution and their Management Committee. The trial Court, by order dtd. 5/11/2013 granted ad-interim temporary injunction as sought for in IA.I filed by the plaintiff. Thereafter, the case was listed before the trial Court on several dates. In the meanwhile, the plaintiff has filed application under Order XXXIX Rule 2A read with Sec. 151 of Code of Civil Procedure, contending that defendant No.6/petitioner herein is guilty of committing disobedience of the injunction order dtd. 5/11/2013 and accordingly, sought for attachment of properties of the defendant No.6 and to detain the defendant No.6 in Civil Prison for disobedience of interim injunction order dtd. 5/11/2013 (Annexure-C). The said application was contested by the defendant No.6/petitioner herein by filing objection as per Annexure-D. Parties to the suit tendered evidence. The trial Court, after considering material on record, by impugned order dtd. 8/6/2021 allowed Civil Miscellaneous Petition No.3 of 2015 with costs. The said order passed by the trial Court was challenged by the defendant No.6/petitioner herein in MA No.8 of 2021 before the First Appellate Court, and the said appeal was contested by the plaintiff/respondent herein. The First Appellate Court, after considering the material on record, by its order dtd. 22/3/2022, dismissed the appeal and as such, confirmed the order dtd. 8/6/2021 in Civil Miscellaneous Petition No.3 of 2015. Feeling aggrieved by the same, defendant No.6 has presented this Writ Petition.
(3.) Respondent/plaintiff has filed detailed statement of objections, contending that the petitioner is continuously trying to malign the name of the respondent, his family members and Sri Kshetra Dharmasthala, by spreading false rumors, making publication of false allegation in newspapers, electronic media, Television and other modes of publications. The statement of objections also refers to defamatory publications made by the petitioner against the respondent. It is also averred that both the courts below have concurrently held against the petitioner and therefore, the jurisdiction under Article 227 of the Constitution of India being limited, sought for dismissal of the Writ Petition.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN