A.S. Bopanna, J.— This appeal is filed Under Order 43 Rule 1(R) of CPC against the order on I.A. No. 1 dated 15/12/06 passed in O.S. No. 7198/06 on the file of XXII Addl. City Civil Judge, Bangalore, Allowing I.A. 1 Filed Under Ordered XXXIX Rule 1 and 2 of CPC seeking for temporary injunction.

These appeals having been reserved for orders on 11.11.2009. Coming on for pronouncement this day, the court pronounced the following:

Judgment

Facts Relating to M.F.A. No. 4954/2006

The appellants herein are the defendants in O.S. No. 17779/2005. The said suit is filed by the plaintiff seeking for judgment and decree to restrain the defendants from infringing the well established trade mark "PRESTIGE" by using the offending trade mark "PRESTEEGE" to deceptively take advantage of the reputation of the plaintiff. In the said suit, an application under Order 39 Rules 1 and 2 of CPC was filed seeking temporary injunction. Since ad-interim injunction was granted, the defendants also filed an application under Order 39 Rule 4 of CPC praying to vacate the injunction. The said applications were considered by the trial Court and disposed of by its order dated 20.04.2006. By the said order, the a