( 1 ) THIS Appeal is preferred by the appellant who was the plaintiff in the Court below under Order 43 Rule 1 (r), C. P. C. against the order dated 4-12-1991 passed by the Additional District Judge, dakshina Kannada, Mangalore, in O. S. No. 11 of 1991, dismissing. A. No. I filed by the appellant under Order 39 Rules 1 and 2, C. P. C. for grant of temporary injunction.

( 2 ) I have heard the learned counsel for the appellant and the learned counsel for the respondent fully and perused the records of the case.

( 3 ) THE appellant had filed a suit in the trial Court for permanent injunction restraining the defendant from using the name "officers Favourite" in relation to alcoholic beverages in any manner or any other name deceptively similar to the appellant's trade mark "officers Choice" and from passing off respondent's goods for the goods of the plaintiff. The appellant also filed in. A. for temporary injunction restraining the respondent from using the name "officers favourite" in relation to alcoholic beverages which is similar to the appellant's trade mark "officers Choice". The respondent has appeared in the case and he resisted the suit and the. A. The Cour