Sithara Entertainments vs Sudahs V
2021 Latest Caselaw 22424 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                           OP(C) NO. 1476 OF 2021
  ARISING FROM THE EX-PARTE INJUNCTION ORDER PASSED IN IA 3/2021 IN OS
                  32/2021 OF VI DISTRICT COURT, ERNAKULAM


PETITIONER/NOT PARTY:

             SITHARA ENTERTAINMENTS
             FLAT NO.379, ROAD NO.82, FILM NAGAR, JUBLEE HILLS,
             HYDERABAD, TELANGANA-500096, REPRESENTED BY ITS PROPRIETOR,
             MR.NAGA VASMI SURYADEVARA

             BY ADVS.
             SANTHOSH MATHEW
             ARUN THOMAS
             JENNIS STEPHEN
             VEENA RAVEENDRAN
             VIJAY V. PAUL
             JAISY ELZA JOE
             ANIL SEBASTIAN PULICKEL
             DIVYA SARA GEORGE
             SANITA SABU VARGHESE
             ABI BENNY AREECKAL


RESPONDENTS/PETITIONER & RESPONDENTS-PLAINTIFF & DEFENDANTS:

     1       SUDAHS V
             S/O. JAYADASAN.V., CHALILPARAMBIL HOUSE, MALAPARAMBA P.O.,
             KOZHIKODE-673 009

     2       KADHAS UNTOLD PVT. LTD.,
             367/8/3, SREESYLAM, THANDACHILEZHATHU, PATTATHANAM,
             MUKUNDAPURAM , P.O.CHAVARA, KOLLAM-691 585,
             REPRESENTED BY ITS MANAGING DIRECTOR

     3       VISHNU VENUKUTTAN PILLAI,
             MANAGING DIRECTOR, KADHAS UNTOLD PVT. LTD., SHOP NO.11/799,
             BC BUILDING, KATTILMUKKU, MENAMPALLY, CHAVARA,
             KOLLAM-691 585

     4       P.D.PRASAD,
             FLAT NO.379, ROAD 82, FILM NAGAR, HYDERABAD,TELANGANA-500033
 OP(C) NO. 1476 OF 2021
                                     2

      5       MUHAMMED MUSTHAFA,
              NAVALIPARAMBA, NETHAJI ROAD,THENJIPALAM P.O.,
              MALAPPURAM-673 636

      6       NIKHIL
              5/102, AMBALPURAY VEEDU, PEREUVALLOOR P.O.,
              MALAPPURAM-673 638

      7       ABDUL VAHID.K.T.,
              17/112, KAZHUNGUMTHOTTATHIL, PANTHOTTIYIL,
              PARAMBILPEEDIKA, MALAPPURAM-676 317

              BY ADVS.
              LATHEESH SEBASTIAN
              ANANTHAPADMANABHAN UNNIKRISHNAN (B/o)
              PRABISHA T.P.
              T.SUKESH ROY
              M.K.MUFEED
              MUHAMMED YASIL
              SANDHYA R.NAIR
              DEEPA JOSE GEORGE



      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1476 OF 2021
                                      3




                              JUDGMENT

Dated this the 09th day of November, 2021

Learned Counsel for the petitioner has filed a

memo stating that, by judgment dated 03.11.2021, in

F.A.O No.61 of 2021, filed by respondents 2 and 3

herein, against the order of temporary injunction

impugned in this Original Petition has been vacated.

In the light of the judgment in F.A.O No.61 of 2021,

this Original Petition is only to be closed and I do so.

Sd/-

V.G.ARUN

JUDGE NB/9-11 OP(C) NO. 1476 OF 2021

APPENDIX OF OP(C) 1476/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT AGREEMENT DATED 03.07.2020 EXECUTED BETWEEN THE PETITIONER, 1ST, RESPONDENT

EXHIBIT P2 TRUE COPY OF THE PLAINT IN OS 32/2021 ON THE FILE OF THE HON'BLE DISTRICT COURT VI AT ERNAKULAM

EXHIBIT P3 TRUE COPY OF THE IA 3/2021 IN OS 32/2021 ON THE FILE OF THE HON'BLE DISTRICT COURT VI AT ERNAKULAM

EXHIBIT P4 TRUE COPY OF THE INJUNCTION ORDER DATED 26TH JULY 2021 IN IA NO.3/2021 IN OS NO.32/2021 OF THE HON'BLE DISTRICT COURT VI AT ERNAKULAM

EXHIBIT P5 TRUE COPY OF THE COUNTER AFFIDAVIT B THE 2ND AND 3RD RESPONDENT IN IA NO.3/2021 IN OS NO.32/2021

EXHIBIT P6 TRUE COPY OF THE NEWS ARTICLES DATED 06 JULY 2020 THAT APPEARED IN 'THE HINDU' AND 09.07.2020 THAT APPEARED IN 'INDIAN TODAY', RELATING TO THE ANNOUNCEMENTS REGARDING THE TELUGU REMAKE OF THE MALAYALAM FILM 'KAPPELA'

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 31.05.21 IN OR MANOJ V.GURUVAYUR DEVASWOM (OPC NO.1245 OF 2021(O)

EXHIBIT P8 TRUE COPY OF THE E-MAIL DATED 1.10.2021 SENT BY THE COUNSEL FOR THE PETITIONER TO THE COUNSEL OF THE 1ST RESPONDENT APPEARING BEFORE THE COURT BELOW

RESPONDENTS' EXHIBITS:

EXHIBIT R1 (a) TRUE COPY OF THE FACEBOOK POST OF THE 4TH RESPONDENT

EXHIBIT R1 (b) TRUE COPY OF THE COUNTER AFFIDAVIT OF THE 4TH RESPONDENT IN IA NO.3 OF 2021 IN O.S.NO.32/20212 OF DISTRICT COURT, ERNAKULAM OP(C) NO. 1476 OF 2021

EXHIBIT R1 (c) TRUE COPY OF THE IA NO.5 OF 2021 IN IA NO.3 OF 2021 IN O.S.NO.32/20212 OF DISTRICT COURT, ERNAKULAM

EXHIBIT R1 (d) TRUE COPY OF THE CAVEAT FILED BY THE 2ND RESPONDENT BEFORE THE DISTRICT COURT ERNAKULAM ON 23.07.2021

EXHIBIT R1 (e) TRUE COPY OF THE CAVEAT FILED BY THE 2ND RESPONDENT BEFORE THE SUB COURT ERNAKULAM ON 23.07.2021

EXHIBIT R1 (f) TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS 2 AND 3 IN I.A.NO.3 OF 2021 IN O.S.NO.32/2021 OF DISTRICT COURT, ERNAKULAM

True Copy

P.A to Judge