S. Ravi Kumar, J.

This appeal is preferred against order dated 28-3-2016 in I.A.No.1325 of 2015 in O.S.No.426 of 2015 on the file of XXV Additional Chief Judge, City Civil Court, Hyderabad.

2. Appellant herein is defendant and respondent herein is plaintiff and they are herein after referred to as arrayed in the suit for convenience.

3. Plaintiff filed the above suit seeking permanent injunction restraining defendant, its servants, agents, distributors or any one claiming through them from manufacturing, selling, advertising and offering for sale using the trade mark ‘Heera’ on the goods and spices of all kinds similar to the registered trade mark ‘Heera’ granted in favour of plaintiff. Plaintiff also prayed for mandatory injunction to direct defendant to surrender all these spices etc., bearing trade mark ‘Heera’ and other reliefs.

4. In the said suit, plaintiff filed I.A.No.1325 of 2015 for grant of temporary injunction to restrain defendant from using the trade mark ‘Heera’.

5. According to plaintiff, he is one of the partner of M/s. Ganga Container a partnership firm doing business of producing excellent quality of spices of all varieties including ginger and garlic under