JUDGMENT :

The Civil Miscellaneous Appeal has been filed by the appellant against the order dated 02.02.2018 passed in I.A.No.156 of 2016 in O.S.No.148 of 2016 on the file of the learned Principal District Court, Salem.

2. The appellant is the plaintiff and the respondents are defendants in the suit. The appellant and the first respondent are brothers. The second respondent is said to be the manufacturer of goods under the trademark SACHA MOTI at Salem for sale of the same to the first respondent.

3. The appellant filed the suit being O.S.No.148 of 2016 for declaration to declare that the appellant is the proprietor of the trademark/label SACHA MOTI and is entitled to use and sale the goods Sabudana and other food products for human consumption under the said trademark and for permanent injunction restraining the respondents, their servants, agents, dealers and distributors from manufacturing, packing, marketing, advertising and selling the goods Sabudana and other food products for human consumption and other allied and cognate goods under the impugned trademark/label SACHA MOTI. Along with the suit, the appellant had filed I.A.No.156 of 2016 for temporary injunction.

4. Brief avermen