( 1 ) THIS appeal is preferred by the appellants/plaintiffs against the judgment and order dated 14. 8. 2002 passed by learned Single Judge in I. A. No. 6418/2002 in Suit No. 1198/2002. The appellants have filed the aforesaid suit for declaration and permanent injunction against the defendants/respondents and in this Suit I. A. 6418/2002 was filed which was an application under Order XXXIX rules 1 and 2 read with Section 151, CPC. Through this application the appellants wanted ad interim injunction in their favour and to restrain the respondents from placing on board of Indian Airlines and Alliance Air flights, their offices and in lounges at various Airports in the country, any other in-flight magazine except the appellants magazine named "swagat". This application has been dismissed by the learned Single Judge vide impugned order which is subject matter of the present appeal.

( 2 ) IT is imperative to take stock of the jejune facts of the case in order to appreciate the controversy involved: the appellants had entered into an agreement dated 14. 5. 1998 with Indian airlines/respondent No. 1 (hereinafter referred to as IA for short ) for publication of IA s in-flight