ESTHER ANANTHAMURTHY Vs. SAMEKA GOPALAGOWDA SHATAVERI

JUDGEMENT

(1.) Special leave granted.

(2.) After hearing learned counsel for the parties and having seen the disputed portion of film "awasthe", we are of the opinion that the appeal must be allowed.

(3.) There is no dispute that the Book' 'awasthe" was published in 1978 and since then it has been in wide circulation for the last ten years without any demur by the plaintiffs. The disputed film "awasthe" which is largely based on the novel was released only in September, 1987 for public exhibition. The plaintiff/respondents filed the suit only after the film was released for exhibition before that they had not initiated any action against the publication and circulation of the novel although it was widely circulated. During the course of hearing, the appellant with a view to alley misgivings raised on behalf of the appellants without prejudice to their case in the suit made a statement that they will exhibit the following statement at the beginning of their film "awasthe":