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2021 Supreme(Del) 348

SANJEEV NARULA
Krishna Kishore Singh – Appellant
Versus
Sarla A. Saraogi – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Vikas Singh, Mr. Varun Singh, Ms. Deepika Kalia, Mr. Akshay Dev, Ms. Sammridhi Bendbhar.
For the Defendants : Mr. Hiren Kamod, Mr. Bhushan M. Oza, Mr. Anand Mishra, Mr. Anees Patel, Mr. Chander M. Lall, Mr. Vedanta Varma, Ms. Nancy Roy, Mr. Vibhor Kush, Dr. A.P. Singh, Ms. Geeta Chauhan, Ms. Richa Singh.

JUDGMENT :

SANJEEV NARULA, J.

I.A. No. 5697/2021 (u/Order XXXIX Rule 1 and 2 R/W Section 151 of the Code of Civil Procedure, 1908)

1. By way of this application, the Plaintiff - who is the father of late actor Sh. Sushant Singh Rajput [hereinafter referred to as ‘SSR’] - seeks ad-interim ex-parte injunction against the named and unnamed Defendants from using his son’s name, caricature, lifestyle or likeness in forthcoming films and other ventures, contending that any such publication, production, or depiction would be an infringement of personality rights, right to privacy which includes right to publicity, cannot be undertaken without the prior approval of his legal heir and a violation of right of fair trial - under Article 21 of the Constitution of India.

BRIEF FACTS

2. The Plaintiff asserts to be the Category-I of Class-II legal heir of SSR and absolute legal heir under Section 16 of Hindu Succession Act, 1956, entitled to bring the present suit for protecting the reputation, privacy and rights of his deceased son. SSR was a renowned actor from the entertainment industry, who worked in several blockbuster movies and television series, bagged multiple awards, and had attained the sta

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