R. BANUMATHI,J

1. Challenge in these appeals is the common order of learned Judge in O.A.Nos.48 and 49 of 2011 in C.S.No.203 of 2007 and O.A.No.54 of 2011 in C.S.No.32 of 2011 restraining the Appellant-Defendant from using the mark "Thalappakattu" or any other mark deceptively similar to Plaintiff's mark "Thalappakatti" in any one of the restaurant opened after 19.11.2008 and that Defendant shall be entitled to use the same only in respect of four shops that were in existence as on the date 19.11.2008.

2. Plaintiff's predecessors late P.Nagasamy Naidu was carrying on business in the name and style of "Thalappakatti Naidu Ananda Vilas Biriyani Stall" and after the demise of P.Nagasamy Naidu, N.Dhanabalan, son of P.Nagasamy Naidu, father of the Plaintiff continued the business in the name of "Thalappakatti Naidu Ananda Vilas Biriyani Hotel" since 1978 and carried on business as Proprietor. The said business was converted into partnership firm in April 2002 by inducting the Plaintiff who is the son of Dhanabalan and grandson of late Thalappakatti P.Nagasamy Naidu as partner. The food preparations made and served in "Thalappakatti Naidu Biriyani Hotel" have acquired enormous