IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.3073 OF 2004 Between: M/s. Ushakiran Movies .....APPELLANT AND M/s. Raj Television Network Limited and others ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.3073 OF 2004 JUDGMENT: This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) is directed against the order, dated 17.06.2004, in I.A.No.2939 of 2003 in O.S.No.302 of 2003 on the file of the Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, the application filed under Order XXXIX Rules 1 and 2 C.P.C. to grant interim injunction restraining respondent Nos.1 to 3 from telecasting or broadcasting the suit films till the disposal of the suit, was dismissed. 2. So far, the ex parte decree passed in the suit O.S.No.302 of 2003 on the file of the Chief Judge, City Civil Court, Hyderabad, has not been restored to its original file by setting aside the decree. Since, the suit itself is decreed ex parte and is not restored to its original file, the impugned order in not granting injunction is merged with the suit. Therefore, no further orders are required to be passed in this appeal. 3. Accordingly, the Civil Miscellaneous Appeal is dismissed, giving liberty to the appellant to file fresh application for grant of interim injunction, in case, the suit is restored to its original file and the said application has to be decided without reference to the impugned order in accordance with law. There shall be no order as to costs. _______________ K.C. BHANU, J March 17, 2010 MD