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 HOMEO HAIR OIL and his business as ASWINI HOMEO PHARMACY and obtained all licences and permission from the authorities concerned. He expanded the business and in the process, he commenced Aswini Pharmaceuticals in the name of his wife Smt. B. Maheswari. The plaintiffs introduced several products from time to time. The products manufactured are hair oils, bath powder, coconut oil, muscle oil, tooth powders, shampoo, cosmetics, diabetic atta food items, medical products etc. They have been marketing their products under brand name' ASWINI'. According to them, the brand name ASWINI became a household name of their family in the general public and the general public and traders started calling the founder B.Ch.V. Subba Rao as Aswini Subba Rao. Thus, the brand name became the surname and household name of the founder Sri B.Ch. V. Subba Rao. The petitioner applied for and obtained valid certificates from the Trade Marks Registry on 06-10-1992 vide No.657936 as per the provisions of the Trade Marks Act, 1999. They obtained several trade mark certificates for different goods and services under Class 3, 5, 30 and 35 of Schedule IV of the Trade Marks Act, 1999. They have four units in the manufacture of products, branch offices in 7 States and 600 distributors. They also obtained trade mark in 2007 vide Certificate No.2460497 with an intention to export the products to foreign countries. As of now, their products got market not only in India, but also in foreign countries such as Singapore, Malaysia, Sri Lanka and Dubai. Whileso, according to them, in the month of August, 2005, their Sales Executives came across one detergent cake in the name of ASHWINI. They got issued notice to the defendant, who has been marketing its products under brand name ASHWINI. The defendant got issued a reply on 15-09-2005. The defendant is stated to have assured that he would withdraw the brand name ASHWINI and continue the other brand name SUPER 9.In the month of May, 2008, the plaintiffs came to know that the defendant had applied for registration of trademark ASHWINI and therefore, they lodged opposition vide No. MAS 724991 to the application No.866449. But Registry of Trademarks rejected the opposition on the ground that the said opposition is filed beyond the period of limitation prescribed. The plaintiffs applied for registration of trademarks for several goods and proposed products. The defendant filed opposition vide No.730258 to the said application of the plaintiffs. According to the plaintiffs, the defendant is passing on the detergent cake under brand name ASHWINI so as to make it appear that it is the product of ' ASWINI group owned by them. The intention of the defendant, according to the plaintiffs, to reap the benefits from out of the goodwill and reputation of the AS