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2025 Supreme(Online)(KAR) 2535
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR, J
Baby Nagu Sharma D/o Late K R Guruprasad – Appellant
Versus
Ram Movies – Respondent
MISCELLANEOUS FIRST APPEAL NO.1404 OF 2025 (CPC)
Advocate Appeared:
For the Appellant :SRI. DILIP KUMAR I.S., ADVOCATE
For the Respondent:SRI. ARUN K.S., ADVOCATE FOR R1 SRI. AJAY .S. ADVOCATE FOR C/R2
The court emphasized the necessity of establishing a prima-facie case and balance of convenience for granting an interim injunction, protecting plaintiffs from irreparable harm pending trial.
Headnote:(A) Code of Civil Procedure, 1908 - Order 39 Rule 1 and 2 - Temporary injunction - Appeal against dismissal of interim injunction application - Plaintiffs sought to declare a document as null and void and prevent movie release without their consent - Trial Court vacated interim injunction, stating plaintiffs failed to show prima-facie case and balance of convenience - Court found plaintiffs had made out a prima-facie case regarding their rights over the movie and potential irreparable loss if released without their consent. (Paras 1, 9, 23, 25)
(B) Injunction - Principles governing grant of interim injunction - The court must weigh the need for protection against the defendant's rights, considering the potential for irreparable harm to the plaintiff. (Paras 21, 25)
Facts of the case:
Plaintiffs claimed rights over a movie produced by late K.R. Guruprasad, asserting that a document executed posthumously was fraudulent and aimed at transferring rights to defendants. Defendants contended that K.R. Guruprasad was not a producer and had received full payment.
Findings of Court:
The plaintiffs demonstrated a prima-facie case and balance of convenience in their favor, warranting the grant of an interim injunction.
Issues: Whether the plaintiffs established a prima-facie case, balance of convenience, and potential irreparable injury.
Ratio Decidendi: The court ruled that the plaintiffs had shown sufficient grounds for an interim injunction, emphasizing the need to protect their rights pending trial.
Result: Appeal allowed; interim injunction granted.
ORAL JUDGMENT
The appeal is filed by the plaintiffs challenging the order passed in O.S.No.1221/2025 dated 25.02.2025 passed by the Court of XV Additional City Civil and Sessions Judge, Bengaluru (CCH 03), thereby dismissing IA No.I filed under Order 39 Rule 1 and 2 R/w Section 151 of CPC and thereby an order of temporary injunction granted on 19.02.2025 is vacated.
2. Rank of the parties is referred to as per their rankings before the trial Court.
3. The plaintiffs filed the suit against defendants for the relief of declaration of document and to declare that document styled as "Paraspara Odambadike Patra" dated 13.11.2024 executed before the Karnataka Film Chamber of Commerce (for short 'the KFCC') as null and void and for permanent injunction restraining the defendants and other persons claiming under them from releasing the schedule movie "Eddelu Manjunatha-2" without ‘No Objection Certificate’ from the plaintiffs either in theaters or any other over the top platforms and also mandatory injunction prohibiting the defendants to release the schedule movie with the banner of defendant No.1 or any other banners other than ‘K.R.Guruprasad INC’ and also an order of injunction restraining the defendants or their agents to release the movie without settling the dues of plaintiffs towards remuneration of late K.R.Guruprasad for his direction, story screenplay, dialogues, lyrics.
4. The Trial Court has granted exparte temporary injunction as prayed in IA No.I under Order 39 Rule 1 and 2 CPC on 19.02.2025. On 20.02.2025 defendant No.2 appeared before the Court and filed advancement application to file vakalathnama and on 21.02.2025 defendant No.2 has appeared and filed written statement and memo adopting the written statement as objection to IA No.I. The defendant No.2 admitted that one K.R.Guruprasad, who is the father of plaintiff No.1 and husband of plaintiff No.2, was the Actor and Director in the Kannada Film Industry and had the respectable name in the Society regarding the talent exposed by K.R.Guruprasad as contained in the plaint. But defendant No.2 denied that "Eddelu Manjunatha-2” was the dream project of K.R.Guruprasad, which was registered in his name banner ‘Guruprasad INC’ and stated that it is a concocted story by the plaintiffs.
5. It is the case of the plaintiffs that late K.R.Guruprasad proposed plan with the investors that people can come and invest money in his movie as a share holder and his share was valued at the rate of Rs.20,000/-. It is proposed that whoever buys a share by paying the share value, same will be utilized by late K.R.Guruprasad for production of the movie "Eddelu Manjunatha - 2" and after release of the movie from banner of K.R.Guruprasad INC, all the share holders were initially entitled to save their share amount from the receipts of the film release in theater and documents will be shared equally as per the receipts arising out of the said movie. As per knowledge of the plaintiffs, there are 65 share holders to the movie "Eddelu Manjunatha - 2" and among them, defendant Nos.1 and 2 were also major share holders for having invested money for the said movie. When the said movie shooting was about to complete and after completion of re-recording and dubbing was done, at that time, K.R.Guruprasad died on 03.11.2024. After demise of K.R.Guruprasad, the plaintiff No.2 being wife of K.R.Guruprasad was having custody of the hard disk raid which contained full movie of "Eddelu Manjunatha-2". After death of K.R.Guruprasad, the plaintiff No.2 requested the KFCC to restore the name of banner Guruprasad INC as she is the legal heir but the KFCC have insisted for death certificate of K.R.Guruprasad. While, the process in this is in progress, the defendants have made a conspiracy to deceive the plaintiffs and their right, title over the movie got created a document called as "Paraspara Odambadike Patra". Thereby, falsely created that the plaintiffs have relinquished the right over the movie after receiving the
