V T THOMAS Vs. MALAYALA MANORAMA CO LTD

JUDGEMENT

(1.) The appeal is directed against an order, an ad interim ex parte order, granting an injunction against the defendants, in relation to the publication of cartoons entitled "Boban and Molly". 1st defendant is the cartoonist, and defendants 2 to 4 are Printer and Publisher, Editor, and the Publication Company Kalakaumudi Publications Private Limited.

(2.) The appeal was filed on 2-12-1987. A caveat had been filed by the plaintiff respondent. The petition for interim stay of the order of the court below, C.M.P. No. 31410 of 1987 came up for hearing on 3-12-1987. Both sides were heard and elaborately too. Orders in that C.M.P. were pronounced on 7-12-1987. An elaborate order was felt necessary. An interim stay was granted by this Court. The appeal itself was posted for final hearing on 14-12-1987.

(3.) There was no appearance on behalf of the respondent on that day. The appeal was partly heard on 15-12-1987. The hearing of the appeal was continued on 16-12-1987. It was represented by counsel appearing on behalf of the respondent that a Special Leave Petition had been filed before the Hon'ble Supreme Court against the interim order, and that it was being heard on 16-12-1987. The hearing of the appeal was, therefore, adjourned On 18-12-1987, a petition C.M.P. No. 33052/1987 was filed by the respondent seeking an early posting of the appeal. The affidavit in support of the petition C.M.P. 33052/1987, mentioned about SLP(Civil) No. (S) 15366/1987 filed before the Hon'ble Supreme Court, about the notice having been taken on behalf of respondents 2, 3 and 4 herein and reproduced the order passed by the Hon'ble Supreme Court. The extract of the order as given therein reads :