Mukundakam Sharma, C.J.

1. The appellants/plaintiffs have come up in this appeal being aggrieved by the order dated 16th May, 2006 passed by the learned Single Judge in is Nos. 8078 & 8561/2005 in CS (OS) No. 1421/2005, vacating the interim injunction which was granted on 6th October, 2005 and thereby allowing the application filed by the defendant-respondent under Order XXXIX Rule 4 CPC and dismissing the application filed by the appellants/plaintiffs under Order XXXIX Rules 1 and 2 CPC.

2. The appellants as plaintiffs have filed the aforesaid Suit praying for issuance of permanent injunction restraining the respondents/defendants from using the registered trade mark Meromer alleged to be deceptively similar to Meronem, the trade mark of the appellant/plaintiffs. In the Suit, an application was filed by the appellants/plaintiffs under Order XXXIX Rules 1 & 2 CPC praying for temporary injunction restraining the respondent/defendant from using the aforesaid trademark Meromer. The learned Single Judge, while issuing summons in the Suit, entertained the aforesaid application and issued notice thereon. While doing so, on 6th October, 2005, an ad interim inunction was also gran