MANNAN ALI HUSSAIN Vs. MANNAN THIYAGARAJAN

JUDGEMENT

(1.) THESE Original Side Appeals have been preferred against the orders, passed by a learned single Judge, by which the applications filed in O.A.No.580 of 2012 and A.No.3129 of 2012 respectively under Order 38, Rule 5 CPC and Order 39 and Rules 1 and 2 CPC, were dismissed.

(2.) HEARD the learned counsel appearing for the appellant and the learned Senior Counsel appearing for the 3rd respondent. In spite of the fact that the 1st respondent has filed a caveat in both these appeals, none appear on their behalf.

(3.) THE learned Senior Counsel appearing for the 3rd respondent would submit that the said respondent is a bona fide agreement-holder, as per the agreement entered into between the 1st respondent and the 3rd respondent. The first copy right of the movie has been assigned in favour of the third respondent. Therefore, in view of the fact that the third party interest has arisen, the learned single Judge has rightly dismissed the applications. Furthermore, the learned single Judge has considered the scope of Order 38, Rule 5 CPC and Order 39 and Rules 1 and 2 CPC, while dismissing the applications and hence, no interference is required.