This Civil Miscellaneous Appeal is directed against the order dated 09-06-2009 passed in LA.No.I577 of 2009 in 0.5.No.256 of 2009 on the file of the Chief Judge, City Civil Court, Hyderabad, whereby and whereunder the learned Chief Judge allowed the application filed by the plaintiffs under Order 39, Rules 1 and 2 of the Code of Civil Procedure and thereby made the interim injunction granted on 23-04-2009 as absolute.

2. Background facts in a nutshell leading to filing of this C.M.A. by the defendant in 0.5.No.256 of 2009 on the file of the Chief Judge, City Civil Courts, Hyderabad, are;

The respondents herein are the plaintiffs in O.S.No.256 of 2009. The 1st plaintiff is M/s. Aswini Homeo Pharmacy, rep. by its Proprietor Sri B.Ch. V. Subba Rao @ Aswini Subba Rao and 2nd plaintiff is Mis. Aswini Pharmaceuticals, rep. by its proprietrix Smt. Maheshwari W/o. B.Ch.V. Subba Rao, through their C.P.A. Holder Sri B. Anil Kumar, who is no other than their son. Ashwini Chemical Works is the defendant in the suit and it is represented by its Proprietor T. Bala Mahesh. B.Ch.V. Subba Rao established a factory for manufacture and sale of homeo hair oil and named the product as ASWIN I HOM