( 1 ) THE unsuccessful plaintiff in the Court below in the suit claiming copyright in the Literary work of late Shri. V. S. Khandekar is the appellant herein. The substantive First Appeal is directed against the judgment and decree dated 3-2-2001 in Civil Suit No. 2 of 1998 passed by the learned Third Additional district Judge, Pune, whereby the suit filed by the appellant came to be dismissed, whereas Appeal from Order is against the order dated 20-2-2002 passed below Exh. 5 in Copyright Suit No. 2 of 2002 by the Vth additional District Judge, Pune, whereby interim injunction came to be refused. The parties are same, issues involved are identical, facts are common, so a single judgment will dispose of both appeals. Hereinafter parties will be referred to as arrayed in the original suits. The Factual Matrix ; the tactual matrix giving rise to the present appeals in nutshell can be summarised as under:

( 2 ) M/s. Deshmukh and Company publishers (P) Ltd. , Pune, a leading publisher of books; carrying on business at Pune, filed a suit under Section 62 of the Copyrights Act, 1957, inter alia, claiming - (i) a declaration that the plaintiff (appellant herein) has a subsisting cop