( 1 ) THESE two appeals are by the plaintiff | company in O. S. Nos. 10268 and 10269 of 1980 and are directed against the common order dated 22-1-1981 passed by the VI Addl. City Civil Judge, Bangalore City, on I. A. No. I instituted in the two suits vacating the ex-parte order of injunction issued in each case.

( 2 ) THE two suits are filed by the same plaintiff viz. , Brooke Bond India Ltd. , agaist the same defendants viz. , Royal products, a proprietory concern, represented by two others, for permanent injunction to restrain the defendants from using the plaintiff's registered trade marks for marketing their tea and from passing off their tea as the tea of the plaintiff Company and, thus, infringing the registered trade marks of 'the plaintiff's concern.

( 3 ) O. S. No. 10268 of 1980 is in respect of the plaintiff's registered trade mark 'brooke Bond Tea Super Dust', with the pictorial representation of a row of coloured flowers. O. S. No. 10269 of 1980 is in respect of the plaintiff's registered trade mark 'brooke Bond A-1 Dust tea with the pictorial representation of a coloured bird resting on a flowery twig.

( 4 ) PLAINTIFF Company instituted two suits unde