( 1. ) BY impugned order dated 06. 04. 2004, the learned District Judge, Mandleshwar in his Civil Suit No. 8-A/2004 (M. S. S. Food Products v. Dhariwal Industries Limited and Anr.) has allowed a temporary injunction application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure (Code for short) by the respondent and has dismissed in application under Order 39 Rule 4 of the said Code filed by the appellants.

( 2. ) AS per plaint the respondent manufacturers of gutkha, pan masala and supari mix under trade name of malikchand since 1959-60 and have been selling these goods at Maharashtra, Madhya Pradesh, Karnataka, Gujarat and other parts of India. Ramprasad was father of Pabhudayal Choube who had started supari and ayurvedic pan masala medicine business in 1959-60 in the name of malikchand upto May, 1986. He assigned his trade mark on 26. 04. 1986 to Ashok Sharma who also assigned his trade mark to M/s. Tulsi Stores on 01. 04. 1992. Business was continued by him in the name of malikchand till 1996 when it was sold to the respondent in 1996. The respondent has applied for registration of such trade name under the Trade and Merchandise Marks Act, 1958 (Act for sho