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2009 Supreme(Mad) 3943

M.CHOCKALINGAM, R.SUBBIAH
A. Raja & Another – Appellant
Versus
P. Srinivasan Publisher and Printer of Junior Vikatan Vasan Publications Private Limited & Others – Respondent


Advocates Appeared:
For the Appellants:V.T. Gopalan, Senior Counsel, P. Wilson, Senior Counsel, P. Wilson Associates, Advocates.
For the Respondents:R. Yashodvaradhan, Senior Counsel, R. Sunilkumar, Advocate.

Judgment :-

M. CHOCKALINGAM, J.

These two intra Court appeals challenge a common order of the learned Single Judge of this Court made in O.A.No.420 of 2009 and Application No.2919 of 2009 in C.S.No.366 of 2009.

2. The Court heard the learned Senior Counsel for the appellants and also for the respondents.

3. Pending the suit in C.S.No.366 of 2009, a suit for permanent injunction and damages, O.A.No.420 of 2009 has been filed seeking ad-interim injunction restraining the respondents 1 to 3 from in any way printing, publishing and circulating the defamatory news items and the photographs of the plaintiffs family or publishing any caricature or fudged photographs of the plaintiffs or the photographs of the plaintiffs minor daughter in their bi-weekly magazine "Junior Vikatan" in any manner causing damages to the reputation of the plaintiffs without seeking any clarification from the plaintiffs, while Application No.2919 of 2009 was filed by the respondents seeking to vacate ad-interim injunction originally granted on 24. 2009 in O.A.No.420 of 2009.

4. The appellants/plaintiffs sought the above interim relief along with an affidavit containing the following averments:

The news items or s

































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