The court has the discretion to modify an interim order to prevent hardship and loss to the parties involved.

1. - This Revision filed by the defendants arises out of a suit filed by non-petitioner wherein non-petitioner has raised objection to the publication of a novel, namely, 'Kab Tak Pukaroon' written by late Shri Rangey Raghav and the television serial which is being made on the basis of the said novel. The case of the petitioners is that in the preface of the novel (as published) it has been stated that it relates to the town of Weir in District Bharatpur and that some of the characters in the novel can be traced to the family of the plaintiff and, therefore, the members of the family of the plaintiff would be defamed by the publication of the novel and by making of the television serial. Along with the said suit, the plaintiff filed an application for temporary injunction under Order 39, Rules 1 and 2 of Civil Procedure Code. The said application for grant of temporary injunction was dismissed by the Munsiff and Judicial Magistrate First Class, Weir, by his-order dated 4th June, 1988. The plaintiff filed an appeal against the said order and the said appeal (Civil Misc. Appeal No, 15 of 1988) is at present pending in the Court of Addl. District Judge No. 2, Camp Bayana (Bharatpur). In the said appeal the Addl. District Judge has passed an interim order dated 2nd March, 1989 whereby he has restrained petitioners Nos. 1 and 2 from bringing out fresh publication, distribution and sale of novel 'Kab Tak Pukaroon' and petitioners Nos. 3 and 4 have been restrained from releasing and distributing the film 'Kab Tak Pukaroon'. Feeling aggrieved by the said order dated 2nd March, 1989, the petitioners have filed this Revision.

2. I have heard Shri A.K. Bhandari, the learned Counsel for the petitioners in support of the revision and Shri S.L. Sharma, the learned Counsel for the non-petitioner.

3. At the outset it may be stated that the order dated 2nd March, 1989 is only in the nature of an interim order in an appeal which is pending before the Addl. District Judge and the appeal has yet to be disposed of. Shri Bhandari has however urged that the interim directions contained in the order dated 2nd March, 1989 are causing great hardship and loss to the petitioners and, therefore, they should be suitably modified in the light of the submissions made by him. In this connection Shri Bhandari has submitted that the main grievance of the non-petitioners in with regard to certain passages in the preface of the book 'Kab Tak Pukaroon' wherein reference has been made to the town Weir and only on the basis of the said passages, it may be said that the novel 'Kab Tak Purkaroon' relates to the town of Weir. According to Shri Bhandari there is nothing in the main novel to indicate that it relates to the town Weir or any of the characters in the novel relate to that area. Shri Bhandari has stated that the defendants Nos. 1 and 2 undertake to remove this passage from the preface in the copies of the said novel which are lying unsold with the petitioners Nos. 1 and 2 and also to remove the said passage from the copies of the novel which would be published in future by petitioners Nos. 1 and 2. As regards the television serial which is being made on the basis of the said novel, Shri Bhandari has submitted that petitioner Nos. 3 and 4 are prepared to mention in the beginning of each episode of the serial that the characters and local of the story have no connection, whatsoever with any real person and locality.

4. Taking into consideration the aforesaid submissions of Shri Bhandari, I consider it just and proper to modify the order dated 2nd March, 1989, passed by the Addl. District Judge No. 2, Bharatpur, in Civil Misc. Application No. 15 of 1988 and give the following directions to be operative till the disposal of the appeal of the non-petitioner pending before the Addl. District Judge.

(i) It would be permissible for petitioners Nos. 1 and 2 to sell the copies of the novel 'Kab Tak Pukaroon' which are in their stock and also to bring out fresh pub