( 1 ) HEARD the counsel for appellant sri M. S. Ramachander Rao and the counsel for respondent Sri T. S. Anand.

( 2 ) THE main Civil Miscellaneous Appeal itself is taken up for hearing with the consent of both the counsel in view of the fact that the application for temporary injunction was opposed by the respondent/ defendant by lodging a caveat and entering appearance. Both the counsel had addressed elaborate arguments putting forth their respective contentions.

( 3 ) THE dispute is in relation to a trade mark "double Kamal" [double Lotus]. The unsuccessful petitioner/plaintiff in LA. No. 283/2002 in O. S. No. 11/2002 on the file of District Judge, East Godavari at rajahmundry is the appellant and the respondent/defendant in the said application is the respondent in the present appeal. The appellant filed O. S. No. 11/2002 on the file of District Judge, East Godavari, at Rajahmundry for the relief of permanent injunction restraining the respondent/ defendant from using the plaintiff s trade mark Double Kamal [double Lotus] or carrying its business with the said mark and for other appropriate reliefs.

( 4 ) THE case of the appellant in nutshell is that the appell