LARK BOOK PUBLISHERS, BHUBANESWAR Vs. GIRIJA NANDINI PRAHARAJ

JUDGEMENT

(1.) THE order dated 28th October, 2006 passed by the learned District Judge, Cuttack in I.A. No.162 of 2006 arising out of Original Suit No.4 of 2006 refusing to vacate the order dated 21.9.2006 passed in the said I.A. granting ad interim injunction against the defendants is assailed by the latter in this appeal filed under Order 43, Rule 1 read with Section 151 of the Code of Civil Procedure.

(2.) THE aforesaid O.S. was filed by the present respondents claiming to be the legal heirs and successors of late Rai Bahadur Gopal Chandra Praharaj. The dispute is with regard to the steps taken by the defendants for reprinting of an Oriya Lexicon i.e., "PURNA CHANDRA ORIYA BHASAKOSH, a unique compilation made by late Praharaj. According to the plaintiff -respondents, they have exclusive copyright over the aforesaid Oriya Bhasakosh and the action of the defendants to reprint the same without obtaining any permission from the plaintiffs amounts to infringement of such right. They filed the aforesaid Original Suit praying to restrain the defendants by a decree of permanent injunction from publishing the said Bhasakosh in any form whatsoever in future. They also prayed to direct the defendants to hand over all copies of the re -printed Volume - I already published, or to deposit the same in Court for delivery to the plaintiffs within a time stipulated and for other consequential reliefs.

(3.) THE learned District Judge after hearing the plaintiffs on 21st September, 2006 granted ex parte ad interim injunction restraining the defendant -appellants from publishing the said Oriya Bhasakosh or offering for sale until further orders.