S.K. KULSHRESTHA, J.

( 1. ) THIS is defendants appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 7/3/2007, passed by the learned 1 st Additional Sessions Judge, Mandleshwar (West Nimar) in Civil Suit No.4-A/2004.

( 2. ) The suit relates to the passing off by the defendantslabel having phonetic similarity i.e., "MALIKCHAND GUTKHA AND PAN MASALA" with "MANIKCHAND PAN MASALA" of the defendants (appellants). At the outset, it may be noted that it is a mammoth fight between the two business tycoons; each claiming prior user than the other of the mark in question. Several pleas have been raised but the first and foremost plea raised by the plaintiff respondent relates to an interlocutory order of temporary injunction which has acquired finality in relation -to the temporary injunction under Or. 39 R. 1 and 2 of the Code of Civil Procedure. The learned counsel for the respondent has, therefore, contended that th re having been no change, not even a full stop or comma, the u/s between the parties is no longer res Integra and, therefore, the judgment and decree impugned do not call for any interference. He has referred to certain dates to exp