1. In view of the interconnectivity of the facts and circumstances of the cases, both the applications are taken up together and disposed of by a common order.

2. For the sake of convenience, the ranks of the parties are referred to in this judgment as plaintiff and defendant as stated in C.S.No.979 of 2009.

3. The following are the allegations contained in the affidavit of the applicant/plaintiff in A.No.2258 of 2011 filed along with petition under Order XVIII, Rule 3 C.P.C. Order XIV Rule 8 of OS Rules:-

3(1). The applicant has filed a suit in O.S.No.979 of 2007 for declaration, for permanent injunction, for directing the defendant to compensate the plaintiff a sum of rupees one crore or such other amount. The respondent/defendant filed a suit in C.S.No.1111 of 2007 praying for permanent injunction and preliminary decree directing the defendants to render accounts of profits made by sale, direction to pay a sum of Rs.10,50,000/- as damages, for delivery of the infringing copies and articles for destruction and for cost.

On 16.02.2008 an order of temporary injunction was granted in favour of the respondent restraining the applicant from in any manner infringing the respon