1) This Appeal from Order was extensively heard at the admission stage. With the consent of the learned counsel appearing for the parties, the appeal is being disposed of finally. . The appellant - defendant challenges the order dated 11-5-2007 passed by the District Judge-3 Aurangabad under Order 39 Rules 1 and 2 of the Code of Civil Procedure below Exhibit 5 in Regular Civil Suit No.1 of 2007, which reads thus: "1. The application at Exhibit 5 is allowed.

2. The defendant itself through its proprietors, partners, servants, agents or through any other persons is restrained by way of temporary injunction from infringing the plaintiff’s right in its artistic label at Annexure B by re-producing the same in material form or by printing, publishing or using the impugned trade mark label at Annexure C or by any such work, which is an imitation of plaintiff’s artistic label at Annexure B.

3. The defendant, its proprietors, partners and servants are temporary restrained by order of injunction from manufacturing, selling or from offering for sale by advertising or otherwise dealing in country liquor bearing the trade mark at Anne