JUDGMENT :

Rajesh H. Shukla, J.

The present Appeal from Order has been filed by the appellant-original defendant M/s. Bahuchar Gruh Udyog challenging the impugned order passed by the learned Principal District Judge, Sabarkantha at Himatnagar, below Exh. 5 in Civil Suit No.5 of 2011 dated 27th December 2011 on the grounds stated in the memo of the Appeal from Order.

2. The facts giving rise to the present Appeal from Order, briefly stated, are that the aforesaid Regular Civil Suit No.5 of 2011 came to be filed by the present respondent, original plaintiff, M/s. Talod Gruh Udyog with application Exh. 5 for temporary injunction under Order 39, Rule 1 & 2 r/w section 151 of the Code of Civil Procedure and also under Section 135(2) of the Trade Marks Act, 1999 for the prayer that the plaintiff's trade mark "Talod" has become distinctive and distinguishable in respect of its instant mix products by virtue of extensive and uninterrupted use since the year 1988 and therefore it requires statutory protection as per section 17 r/w section 18(1) of the Trade Marks Act, 1999 and had filed a suit for infringement of registered trade marks No.659930 and 1378012 and infringement of the copyright in