In the High Court of Karnataka at Bengaluru
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MFA 8460/2015 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18 TH DAY OF NOVEMBER, 2015 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL M.F.A. No.8460/2015 BETWEEN SMT Dr. RICHA SAXENA W/O SHRI KAPIL MOHAN, AGED ABOUT 48 YEARS OCCUPATION: DY.CMO, DIRECTORATE OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KARNATAKA, R/AT NO.63,16TH CROSS,14TH B MAIN, SECTOR-4,HSR LAYOUT, BANGALORE ...APPELLANT (By Sri.SHYAM SUNDAR M.S., ADV.) AND 1. M/s THE TIMES OF INDIA DAILY NEWSPAPER, M G ROAD, BANGALORE REP BY ITS CHIEF EDITOR 2. M/s THE BANGALORE MIRROR DAILY NEWSPAPER, M G ROAD, BANGALORE REP BY ITS CHIEF EDITOR 3. M/s THE DECCAN HERALD DAILY NEWSPAPER, M G ROAD, BANGALORE REP BY ITS CHIEF EDITOR MFA 8460/2015 2 4. M/s THE PRAJAVANI KANNADA DAILY DAILY NEWSPAPER, M G ROAD, BANGALORE REP BY ITS CHIEF EDITOR 5. M/s DECCAN CHRONICLE NEWSPAPER, KORAMANGALA, BANGALORE REP BY ITS CHIEF EDITOR 6. M/s THE INDIAN EXPRESS DAILYL DAILY NEWSPAPER, VIDHAN VEEDHI, QUEENS ROAD CIRCLE, INDIAN EXPRESS BLDG., BANGALORE. RER BY ITS CHIEF EDITOR 7. M/s KANNADA PRABHA DAILY KANNADA NEWSPAPER, OPP. MALLIGE NURSING HOME, HIGH GROUNDS, BANGALORE. REP BY ITS EDITOR. 8. M/s VIJAYA KARNATAKA KANNADA DAILY NEWSPAPER, NEAR MAKKALA KOOTA, BANGALORE. REP BY ITS EDITOR. 9. M/s VIJAY VANI KANNADA DAILY NEWSPAPER, OPPOSITE KANNADA SAHITHYA PARISHANTH, CHAMARAJAPET, BANGALORE. REP BY ITS CHIEF EDITOR. 10. M/s SANJE VANI KANNADA DAILY EVENING PAPER, QUEENS ROAD, BANGALORE. REP BY ITS EDITOR. 11. M/s E-SANJE KANNADA DAILY EVENING NEWSPAPER, DR. RAJKUMAR ROAD, MFA 8460/2015 3 BANGALORE. REP BY ITS EDITOR. 12. M/s UDAYA VANI KANNADA DAILY NEWSPAPER, C/O M/S MANIPAL TRUST, MANIPAL MANGALORE. KARNATAKA. REP BY ITS EDITOR. 13. M/s HOSA DIGANTHA KANNADA DAILY NO. 1/1, 1ST FLOOR, BHAVURAO DESHPANDE BUILDING, 6TH CROSS, 8 TH MAIN, MALLESWARAM, BANGALORE. REP BY ITS EDITOR. 14. M/s TV 9 KARNATAKA AND NEWS-9 KANNADA AND ENGLISH NEWS SATELLITE TELEVISION CHANNELS, OWNED BY: M/s ASSOCIATED BROADCASTING COMPANY LIMITED, HAVING THEIR OFFICE AT NO. 13, RHENIUS STREET, RICHMOND TOWN, CIVIL STATION, BANGALORE - 560 025. REP BY ITS EDITOR/DIRECTOR. 15. M/s SUVARNA KANNADA NEWS CHANNEL OPP. MALLIGE NURSING HOME, HIGH GROUNDS, BANGALORE. REP BY ITS EDITOR. 16. M/s KASTURI 24x7 KANNADA NEWS CHANNEL, KASTURBA ROAD, BANGALORE. REP BY ITS EDITOR. 17. M/S UDAYA NEWS CHANNEL PRIMROSE ROAD, BANGALORE REP. BY ITS EDITOR 18. M/S SAMAYA NEWS CHANNEL KASTURBA ROAD, , BANGALORE REP. BY ITS EDITOR MFA 8460/2015 4 19. M/S PUBLIC TV NEWS CHANNEL BMTC COMPLEX, YESHWANTHAPURA, BANGALORE REP. BY ITS EDITOR 20. M/s JANASHREE TV CHANNEL SALARPURIA TOWERS, BIG BAZAAR BUILDING, NEAR FORUM MALL, HOSUR ROAD, BANGALORE REP. BY ITS CHIEF EDITOR 21. M/s BTV NEXT TO MALLIGE HOSPITAL, HIGHGROUNDS, BANGALORE, REP. BY ITS CHIEF EDITOR, 22. M/s RAJ NEWS TV, KANNADA NEWS MARATA BUILDING, MILLERS TANK BUND ROAD, VASANTHNAGAR, BANGALORE REP. BY ITS CHIEF EDITOR 23. M/s ETV KANNADA NEWS CHANNEL UNITY BUILDINGS,CSI PREMISES, CENTENARY BUILDING, BANGALORE REP BY ITS CHIEF EDITOR 24. M/s PRAJA T V KANNADA NEWS CHANNESL, SAMPARKA INFO MEDIA PVT LTD, SHEZAN LAVELLE,4TH FLOOR,NO.15, WALTON ROAD,BANGALORE REP BY ITS CHIEF EDITOR 25. M/s LANKESH PATRIKE KANNDA JOURNAL, NO.5/2,UNIT NO.001,TRUMPH TOWER, EAGLE STREET,LANGFORD TOWN, BANGALORE-560 025 REP BY ITS EDITOR 26. M/s GAURI LANKESH JOURNAL KANNADA JOURNAL, NO.9,EAT STREET,BASVANAGUDI, BANGALORE-560 004 REP BY ITS EDITOR MFA 8460/2015 5 27. M/s HAI BENGALUR JOURNAL KANNADA JOURNAL 2,PADMANABHA NAGAR, 2ND STAGE,KADIRENAHALLI CROSS, BANASHANKARI,KADARENAHALLI, BANGALORE-560 070 REP BY ITS EDITOR 28. M/s AGNI KANNADA JOURNAL KANNADA JOURNAL, NO.3/A,9TH B MAIN ROAD, PRASHANTH NAGAR,ISRO LAYOUT, KANAKAPURA ROAD, BANGALORE-560 062 REP BY ITS EDITOR 29. M/s PARASHU KANNADA TABLOID NO.7/1,1ST MAIN ROAD,RPC LAYOUT, VIJAYANAGARA 2ND STAGE, BANGALORE-560 014 REP BY ITS EDITOR. ... RESPONDENTS THIS MFA FILED U/O 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 9.11.2015 PASSED ON IA NO.1 IN O.S.NO.9222/2015 ON THE FILE OF THE 8 TH ADDITIONAL DISTRICT & SESSIONS JUDGE, CCH-15, BENGALURU, ISSUING EMERGENT NOTICE OF IA NO.1 A/W SUIT SUMMONS FILED U/O 39, RULE 1 & 2, R/W SEC 151 OF CPC. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT 1. Heard the learned Counsel for the appellant. 2. Challenge in this appeal is to the order issuing notice on the interlocutory application filed for temporary injunction in O.S.No.9222/2015. MFA 8460/2015 6 3. The court below has come to the conclusion that no case had been made out for grant of ex-parte order of temporary injunction and that the prayer made by the plaintiff-appellant herein for grant of temporary injunction was required to be considered after service of notice on the other side and after hearing the defendants. 4. Learned Counsel for the appellant submits that the documents produced before the court below and the assertions made by the plaintiff make out a prima facie case for grant of ex-parte temporary injunction and refusal to grant an ex-parte order has been causing serious prejudice and affecting the reputation of the plaintiff-appellant. 5. Upon hearing the learned Counsel for the appellant, I find that court below has merely ordered notice on the application having come to the conclusion that it was not a case for grant of ex-parte order of temporary injunction. The court below has not expressed any opinion on the merits of the claim made by the plaintiff. The matter has been ordered to be listed on 17.12.2015, after issuing notice on the interlocutory application along with suit summons to defendants 1 to 29. MFA 8460/2015 7 6. It is neither just nor appropriate for this Court, at this stage, to interfere in the matter and undertake the exercise of finding out whether an order of temporary injunction ought to have been granted ex-parte. 7. Having regard to the seriousness of the assertions and allegations made in the plaint and keeping in mind the apprehension expressed by the plaintiff that if publications are permitted unabated, it might affect their image and reputation, I am of the view that court below has to make all sincere efforts to immediately consider the application and pass appropriate orders uninfluenced by the observations made in the order challenge, soon after service of notice on the other side. 8. With the above observations, this appeal is disposed of. It is also open to the plaintiff to move the court below and take out hand summons fixing early date of appearance of the defendants. Sd/- JUDGE KK .