IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 OP(C).NO. 3312 OF 2011(O) -------------------------------------- I.A. NO.4519 OF 2011 IN OS.22/2011 OF FIRST ADDITIONAL DISTRICT COURT, ERNAKULAM PETITIONER - PLAINTIFF: -------------------------------------- CINILAL MANTHRI P., AGED 50 YEARS, SON OF P.K. MANTHRI, MANTHRI MANDIRAM, KULANADA P.O., PATHANAMTHITTA – 689 503. BY ADV. SRI.T.M.RAMAN KARTHA SRI.ARUN BASIL RESPONDENTS - DEFENDANTS: ---------------------------------------------- 1. ELVIN JOHN, PROPRIETOR, EVA PRODUCTIONS, E.V.A. PALACE, TC 34/325, SHANGUMUGHAM BEACH P.O., TRIVNANDRUM – 7. 2. FRANCIS T.MAVELIKKARA, SCRIPT WRITER, MAVELIKKARA P.O., ALLEPPEY DISTRICT – 690 101. 3. THAHA, CINE DIRECTOR, MANNAYANAZHIKAM, BINDU NAGAR, NATTAGOM P.O., KOTTAYAM, PIN – 680 566. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3312 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE COPY OF THE RIGHT UP PUBLISHED BY THE KERALA KAUMUDI DAILY. EXHIBIT P2 TRUE COPY OF THE LAWYERS NOTICE DATED 1.8.2011. EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S. NO.22 OF 2011 DATED 28.8.2011. EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A. NO.4519 OF 2001 DATED 28.8.2011. EXHIBIT P5 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 30.9.2011. EXHIBIT P6 TRUE COPY O THE CITATIONS SUBMITTED BY THE PETITIONER DATED 10.10.2011. EXHIBIT P7 TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN THE MATHRUBHUMI DAILY DATED 13.10.2011. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3312 of 2011 -------------------------------------- Dated this the 13th day of October, 2011. JUDGMENT Petitioner is the plaintiff in O.S.No.22 of 2011 of the court of learned First Additional District Judge, Ernakulam and sought a decree for prohibitory injunction against infringement of copy right in artistic and literary work. Petitioner apprehended that the film which is the subject matter of the suit will be released on 14.10.2011 which, learned counsel submits the contesting respondents also stated in the counter affidavit filed in the suit. Though an application for temporary injunction was moved, no interim order was passed in favour of petitioner. That application was heard on 10.10.2011 and notwithstanding that even according to the respondents, the film is to be released on 14.10.2011 learned Additional District Judge is stated to have posted the application for orders on 20.10.2011. Hence this Original Petition seeking relief including injunction against release of the film. 2. Since the matter is pending before the learned Additional District Judge and the application for injunction has already been heard and taken up for orders, it is not appropriate for this Court to interfere in the matter and pass any order. 3. But the grievance of the petitioner has to be looked into. Learned First Additional District Judge, Ernakulam shall pass orders on I.A.No.4519 of O.P(C) No.3312 of 2011 2 2011 (in O.S.No.22 of 2011) as early as possible bearing in mind the stand of the respondents (as learned counsel submits) that the film is to be released on 14.10.2011. With the above observation this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks