K.B.K. VASUKI, J.

1. While O.A.No.786 of 2011 in CS.No.631 of 2011 is filed by the plaintiff for granting ad interim injunction restraining the defendants 1 and 2 from in anyway or in any form adopting, using, misusing or abusing the plaintiff's flag or the colour of the flag as registered and recognised by the Election Commission of India in its proceedings dated 10.12.1991, A.No.365 of 2012 is filed by the 2nd defendant to vacate the interim injunction already granted by this Court in O.A.No.786 of 2011.

2. The parties are referred to herein as per their rank in the main suit.

3. Few facts, which are relevant for consideration herein are as follows:

The plaintiff by name Tamil Nadu Peasants & Workers Party and the defendants 1 and 2 by name (i) Kongu Naadu Munnettra Peravi and (ii) Kongu Naadu Munnettra Kazhagam respectively are the registered, but unrecognised political parties registered under Section 29-A of the Representation of Peoples Act (hereinafter shortly referred to as 'RP Act'). While the plaintiff is registered by the election commission's proceedings dated 10.12.1991, the defendants 1 and 2 are registered by the proceedings of the election commission on 1