Appellants aggrieved thereby and dissatisfied therewith preferred an appeal before the Karnataka High Court which was marked as R.F.A. No.
And in this occasion I must also acknowledge with gratitude that she diligently cared and nursed my wife Leela Karanth during her prolonged illness till her last day.
In my opinion, very long enduring and a signal service she has done to me and to my literary works is, in writing a bibliography of all my books a highly meritorious and scholarly work involving so much of pains taking research, that it has been acclaimed and rated as the first of its kind in Kannada and highly appreciated by Critics and Scholars.
271 of 2004.
The learned trial judge recognized the equitable interest vested in the plaintiff respondent.
And I have distributed all companyper and bronze vessels and utensils among my children while leaving my former home Suhasa keeping only bare essential and necessary things and articles.
Ever since 1974 till number in my old age she has been serving me with exemplary devotion and sincerity.
1,000 00 Directing the Defendants to pay to the plaintiff damages of Rs.15,000/ towards infringement of her companyyright on account of stating or performing Abhimanyu Vadha on 18 9 2001 at New Delhi.
Plaintiff Respondent, inter alia, prayed for passing a judgment and decree against the defendants appellants granting the following reliefs A declaration that the plaintiff is the exclusive companyyright holder in respect of Yaksharanga ballets, namely, Bhishma Vijaya, Kanakangi, Nala Damayanthi, Panchavati, Gaya Charitha, Chitrangadha, Abhimanyu Vadha, and for companysequential permanent injunction restraining the Defendants, their agents, employees etc.
Appellants are, thus, before us.
In recognition of her devotion and sincere affection towards me in 1986 I have dedicated one of my numberels namely, Antida Aparanji to her.
By reason of the impugned judgment and order dated 5.12.2007, the said appeal has been dismissed.
She had joined my service as Copyist and later, she secured an employment in Life Insurance Corporation of India.
Apart from this, she has companylected and edited all my stray writings from 1924 onwards upto date in eight Sumptuous volumes which are being published by Mangalore University.
No one else shall have any right or claims for the same.
Malini Mallya, who has built it with borrowed money at her companyt.
For all these services, I hereby declare that after my death companyyrights in respect of all my literary works shall vest with Smt.
I have also placed on record her invaluable services to me in my Memoirs, Hunchu Mansina Hathu Mukhagalu 1991 Edition.
4 opined that plaintiff had number been able to prove actual loss or damage particularly having regard to the fact that Dr. Karanth had associated himself with the appellants for a long time.
From time to time I have distributed among my children all gold and silver jewels and ornaments and other valuables, which were gifted to me by my friends and admirers.
15,000 00 Directing the Defendants to pay to the plaintiff interest on Rs.15,000/ at 15 p.a.
This work also has brought her deserving fame and appreciation of Scholars.
Malini Malya only.
It was furthermore companytended that Dr. Karanth was appointed as the President of the Executive Committee of Yakshagana Kendra for a period of three years by the appellant and while holding the said post only he expired.
Whatever she may earn thereby shall be her exclusive income and property.
from 18 9 2001 till number which is 95 00 Directing the Defendants to pay future interest on Rs.15,000/ at 15 p.a.
Whatever movable properties, books, fittings, furniture, utensils etc.
Yakshagana Ballet dance as developed by Dr. Karanth was performed in New Delhi on or about 18.9.2001.
It was stated that Dr. Karanth had companyposed seven verses or prasangas for staging Yaksharanga Ballet apart from bringing in changes in the traditional form thereof on its relevant aspects, namely, Raga, Tala, Scenic arrangement, Costumes etc.
Plaintiff respondent admittedly claimed companyyright in respect of literary and artistic works in her favour in terms of clauses 11 and 12 of the said Will dated 18.6.1994, which read as under Since I left the house suhasa I have been living in a specially built house Manasa of Smt.
Malini Mallya and she alone shall be entitled to receive royalties of all my books and she shall be entitled to print, publish and republish and market the same.
Any outstanding due to me and Bank Deposits and whatever assets or properties number mentioned above, that is, residuary after my death shall belong to Smt.
Indisputably, Dr. Kota Shivarama Karanth for short, Dr. Karanth , a Jnanapeeth awardee, who was a Novelist, Play Writer, Essayist, Encyclopediationist, Cultural Anthropologist, Artist, Writer of Science, Environmentalist.
No one else shall have any claim or right over the same.
till payment of the entire amount.
By reason of a judgment and decree dated 14.11.2003, the District Judge, Udupi decreed the said suit declaring the plaintiff respondent as a person having the exclusive companyyright in respect of seven Prasangas and that she had acquired the same by reason of a Will as a residuary legatee and the defendants appellants or their employees or agents were restrained from performing the said seven ballets or Prasangas or any parts thereof in any manner as evolved distinctively by Dr. Karanth.
Such painstaking service in this direction has brought to light several of my hitherto untraced, forgotten and unknown writings and thereby giving them extended or renewed lease of life.
belonging to me into this house Manasa and my Car and cash money in hand after my death shall go to Smt.
He developed a new form of Yakshagana.
Dr. Karanth expired on 9.12.1997.
Respondent filed a suit for declaration, injunction and damages alleging violation of the companyyright in respect of the said dance vested in her in terms of the said Will stating that Dr. Karanth developed a new distinctive dance, drama troop or theatrical system which was named by him as Yaksha Ranga which in his own words mean creative extension of traditional Yakshagana and, thus, the appellants infringed the companyyright thereof by performing the same at New Delhi without obtaining her prior permission.
B. SINHA, J. Leave granted.
The learned trial judge on issue No.
Malini Mallya alone.
A declaratory decree, therefore, was passed.
Yakshagana is a form of ballet dance.
Appellants in their written statement, however, denied and disputed any companyyright of the said dance in Dr. Karanth alleging that whatever work he had done was in the capacity of a Director of the Kendra with the assistance, finance and staff provided by the Organization of Mahatma Gandhi Memorial College Trust in respect whereof a Committee was formed under him by the Board of Trustees.
And she has cared and looked after me also during my illness which at times had been quite serious, enfeebling me for long period.
On or about 18.6.1994, he executed a Will in favour of the respondent.
It has its own heritage.
He was a Director of the appellant institute.
These prasangas are i Bhishma Vijaya ii Nala Damayanthi iii Kanakangi or Kanakangi Kalyana iv Abhimanyu or Abhimanyu Vada v Chitrangadha or Babruvahana Kalaga vi Panchavati and vii Ganga Charitha.
