JUDGMENT :

1. Heard Sri S.M. Iqbal Hasan along with Sri Raghav Garg and Sri Tarique Quasimuddin, learned counsel for the defendant-appellants and Sri Ravi Kant, learned Senior Counsel, assisted by Sri Arvind Srivastava and Sri Arvind Srivastava separately too, as learned counsel for the plaintiff-respondents.

THE APPEAL

2. This appeal under Order 43 Rule 1(r) CPC has been filed by the defendants of Suit No.10 of 2021 (M/S. M.M.I. Tobacco Pvt Ltd and another Vs. Salik Mukhtar and five others) challenging the order dated 21.09.2022, whereby the learned Additional District Judge, Court No13, Varanasi has allowed the application seeking temporary injunction, being Paper No.6-C, filed by the plaintiff-respondents and restrained the defendant-appellants till disposal of the suit from manufacturing or selling product namely, ‘Musa Ka Gul Super’ or any product with the deceptively similar name and logo by which any common man could be deceived.

BINDING EFFECT OF THE ORDER UNDER CHALLENGE AND THIS ORDER

3. Since the present appeal has arisen out of disposal of an application seeking temporary injunction pending suit, the observations and findings recorded in the present order would not be treate