LAWS(BOM)-2008-7-48

DILIP VISHNUJI KOTLE Vs. DATTATRAYA BABUJI PECHE

Decided On July 23, 2008
DILIP, VISHNUJI KOLTE Appellant
V/S
DATTATRAYA, BABUJI PECHE Respondents

JUDGEMENT

(1.) Since common questions arise for consideration in these Second Appeals, they are heard together and are decided by this common judgment.

(2.) The Second Appeals were admitted by the orders dated 13th April, 1999, but no substantial question of law was framed while admitting the same.

(3.) By the Second Appeals, the appellants challenge the judgment passed by the 3rd Joint Civil Judge Senior Division, Amravati, in Special Civil Suit No. 57/1980 on 10-12-1987 and that of the Joint District Judge, Amravati dated 10-2-1997 in Regular Civil Appeal No. 17/1998. By the judgment and decree passed by the trial Court, the suit of the plaintiffs was decreed and permanent injunction was granted against the defendants from publishing, printing and circulating "Leela Charitra" in any form with the objectionable contents of the mischievous statements, incidents and episodes. The defendant Nos. 1 and 2 were directed to recall the books which were already circulated and stop further circulation of the book "Leela Charitra". The plaintiffs were held to be entitled to receive damages of Rs. 25,000/- from the defendant No. 3. Since the judgment passed by the trial Court was confirmed in appeal by the first Appellate Court, these Second Appeals have been preferred.