ELIPE DHARMA RAO, J.

( 1 ) AGGRIEVED of the order and decree dated 4-8-2004 made in I. A. No. 1015 of 2004 in o. S. No. 20 of 2004 by the learned v Additional District Judge, Tirupathi, allowing the petition filed under Order 39 rules 1 and 2 C. P. C. restraining the appellants herein - defendants in the suit, and their men from using the name of Hotel saravana Bhavan or Chennai Hotel saravana Bhavan or similar type name to their hotel business at Car Street, srikalahasti, till the disposal of the suit, the defendants preferred this Civil miscellaneous Appeal.

( 2 ) ORIGINALLY the suit was filed for declaration that the registration of defendant s firm in the name as Saravana bhavan or Chennai Saravana Bhavan or running hotel business in that name is null and void, inasmuch as it is identical and resembles the name of the plaintiff s firm and tends to cause confusion in the public and damaging the reputation of the plaintiff firm. The plaintiff also sought consequential relief of permanent injunction. It is the case of the plaintiff that they started hotel business at srikalahasti at D. No. 4/39 in the name and style of zen Park in the month of April, 1998 and subsequently changed

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