S. Muralidhar, J.

This appeal is directed against an order dated 23rd January 2019 passed by the learned Single Judge declining to vacate the interim injunction passed on 31st August 2018 in IA No.11667 of 2018 in CS (Comm) 1095 of 2018 and CS (Comm) 48 of 2018. As a result the learned Single Judge dismissed IA No.12286 of 2018 filed by the present Appellants (Defendants in the suit) under Order XXXIX Rule 4 CPC for vacating the said interim injunction.

2. The background facts are set out in the order dated 31st August 2018 which reads as under:

"It is stated that the father of the plaintiffs, late Mr. Amir Chand initially adopted the trademark 'Nizam's, as Karta of the HUF and got the same registered under Classes 29, 30, 32, 33, 24, 42 and 43 of the Trade Marks Act, 1999. It is stated that upon the demise of late Mr. Amir Chand, the said trademarks devolved upon the plaintiffs by virtue of being male members of the HUF as well the last will and testament of the late Mr. Amir Chand dated 01st March, 2018. It is stated that the plaintiffs have applied for certificates for use in legal proceedings of the trademark 'Nizam's'. It is stated that by virtue of extensive and contin