( 1 ) BY filing this appeal under Order 43 of the Civil Procedure Code, the appellants, who are the original defendants of Civil Suit No. 2063/2006, which is filed before the City Civil Court, Ahmedabad have challenged the order passed by learned Trial judge below interim injunction application, by which learned Trial Judge has allowed interim injunction application submitted by the original plaintiffs and granted injunction as prayed for.

( 2 ) FACTS leading to the controversy are as under :

( 3 ) RESPONDENTS herein are the original plaintiffs of the aforesaid suit, which is filed for declaration and permanent injunction. By filing aforesaid suit, the plaintiffs have prayed that it may be declared that the defendants, their servants, agents, dealers and distributors have no right directly or indirectly to adopt the trade mark 536230 and 668188 and/or use the trade name "bhagat" or "r. N. Bhagat" or "n. S. Bhagat" or any other mark, name, logo, trading style, corporate name similar or deceptively similar to the word "bhagat". Permanent injunction is also sought for in the suit to the effect that the defendants may be restrained from adopting or using in relation