1. Though the matter was earlier posted for consideration of the vacate stay petition but on 19-6-97, both the counsel submitted that the main matter (i.e. appeal) itself could be heard and finally disposed of. Accordingly the appeal itself was heard on merits.

2. This is defendant's appeal challenging the order of the II Additional Chief Judge, City Civil Court, Hyderabad dt. 13-12-96 in I.A. No. 649/96 in O.S. No. 14/96. By the impugned order the Court below granted an injunction in favour of the respondent / plaintiff restraining the appellant / defendant from using the trade mark in question i.e. "Mathurag Ghee" with the pictoral device of Lord Krishna in sitting posture.

3. The learned counsel appearing for the appellant strenuously contended that the impugned judgment and order of the lower Court is illegal and without jurisdiction and the Court below has not applied its mind to the facts of the case properly and as such the impugned order is liable to be set aside. On the other hand the learned counsel for the respondent strenuously supported the impugned order.

4. In order to appreciate the rival contentions I have to summarily noted the facts of the case. For the sake of conv