Arun Bhansali, J.

This appeal under Order 43, Rule 1(r) Civil Procedure Code is directed against order dated 12.01.2012 passed by the District Judge, Jodhpur Metropolitan, whereby, the application filed by appellant-plaintiff seeking temporary injunction against the respondent-defendant from manufacturing and selling Wax Polishes, Diamond Abrasive, Super Glosser Liquid, Diamond Tools, F.F. Floor Polishing Machine, Stone and Floor Abrasive, Stone Dye, Master Coat, Mother Coat, Water proofing, Heat resistance chemical, Polish being used on Stone, Tiles and Glass ('the Business') in the name of trade name of 'NUSHAR' during the pendency of the suit was rejected. The appeal was admitted on 11.02.2013 and, when it was taken up for consideration of stay application, with the consent of counsel appearing for the parties, the appeal itself has been finally heard.

2. The facts in brief are that M/s. Nushar Engineering Works, through its Proprietor Narendra Kumar Joshi ('the NEW') filed a suit against M/s Santosh Traders, inter alia, with the averments that the NEW is a proprietorship firm and its proprietor is Narendra Kumar Joshi, who is involved in the Business for last many years