Pending suit for a declaration that they are the joint owners of the entire copyright in the work titled "JAYA JAYA DEVI", a dance ballet and for a permanent injunction restraining the defendants from in any manner staging the said dance ballet in a manner infringing their copyrights, the plaintiffs have come up with the application O.A.No.1370 of 2007, seeking an interim order of injunction restraining the respondents from in any manner staging the dance ballet and infringing their copyrights. Along with the suit, the plaintiffs have also filed an application in A.NO.8120 of 2007 under Order II Rule 2 CPC, seeking leave to omit to sue for damages on the same cause of action.

2. On 20.12.2007, an exparte interim order of injunction was granted in O.A.No.1370 of 2007 by this Court. In A.No.8120 of 2007, this Court ordered notice. After service of notice, the respondents have entered appearance and have come up with the application A.No.35 of 2008 for vacating the interim order of injunction.

3. I have heard Mr.Arvind P.Datar learned Senior Counsel for the plaintiffs and Mr.P.S.Raman, learned Senior Counsel for the defendants.

4. The case of the plaintiffsis that the fi