CHURCHILL BRAZ ALEMAO Vs. BHANUSHALI STUDIOS LIMITED

JUDGEMENT

(1.) In this appeal, under Order 43 CPC, the Original Plaintiff has challenged two orders, both dtd. 20/7/2024 passed by the Court of the Civil Judge Senior Division at Margao in Special Civil Suit No.14/2024/III. The first order rejects an application for temporary injunction (at Exhibit 4 before the Trial Court) while the second order rejects an application (at Exhibit 15 before the Trial Court) moved under Sec. 151 CPC.

(2.) In the application at Exhibit 4, the Plaintiff/Appellant herein sought for an order of temporary injunction to restrain the Respondents/Original Defendants from carrying on any further production of the Suit Movie and from releasing the same in theatres or OTT platform or any other source in India or abroad, including from release of its trailer; the second application at Exhibit 15 is one purporting to be under Sec. 151 CPC and seeks a direction for screening of the Suit Film in the presence of the Trial Court, the Plaintiff, his family members before release of its poster, teaser and movie itself and a committee of experts to be appointed by the Court, which committee would view the film and submit a report to the Court.

(3.) An order on Exhibit 15, which essentially invokes the inherent powers of the Court under Sec. 151 CPC, is not an appealable order in terms of Order 43 CPC and this appeal, in that context, would not be maintainable. To that extent, this appeal would stand dismissed. Considering that the appeal would be maintainable only against the order dtd. 20/7/2024 rejecting Exhibit 4 (for an order of temporary injunction), I would restrict myself to considering the challenge thrown in this appeal to this order.