SHUMITA DEB Vs. GAUTAM BHATTACHARYA

JUDGEMENT

(1.) This appeal by the plaintiff in O.S.No.985/2017 is directed against the impugned order dtd. 6/1/2023 passed by the LX City Civil and Sessions Judge, Bengaluru, whereby the application I.A.No.1 filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC for temporary injunction restraining the respondent Nos.1 to 5 from printing, circulating, modifying, selling or publishing in any manner whatsoever the defamatory clause contained in introductory page 54 and Chapter VII of the Book at pages 145 to 154 of the book "Tarader Sesh Chitthi", was rejected by the trial Court.

(2.) After hearing both sides, this Court passed the following interim order in the present appeal on 30/1/2023:

(3.) Subsequently, this Court noting that the application filed by respondent No.5 under Order VII Rule 11 of CPC seeking rejection of the plaint was not disposed of by the trial Court, this Court clarified that the pendency of the present appeal would not come in the way of trial Court considering and disposing of the said application under Order VII Rule 11 of CPC for rejection of the plaint.