THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA CIVIL REVISION PETITION No.3961 of 2025

ORDER:

This Civil Revision Petition is filed assailing the order dated

17.07.2025 in I.A.No.397 of 2025 in O.S.No.3 of 2025 passed by the learned District and Sessions Judge, Kamareddy.

2. Heard Sri V.Ramesh Babu, learned counsel for the petitioners and disposing the matter at the stage of admission by dispensing notice to respondents.

3. The main grievance of the petitioners before this Court is that in view of the pendency of the rectification/cancellation petitions as to Trade Marks Application No.3136998 and 4039640 before the learned Registrar of the Trade Mark at Chennai and to enable the petitioner to apply for rectification of the register of the Trademarks No.5257288 and 5257289 and prayed that the suit in O.S.No.03 of 2025 pending on the file of Principal District and Sessions Judge, Kamareddy to be stayed until rectification/cancellation petitions are disposed of.

4. The facts of the case in a nutshell are that the petitioner No.1 is the defendant No.1 before the trial Court and the respondent/plaintiff filed a suit in O.S.No.3 of 2025 on the file of learned Principal District and Sessions Judge, Kamareddy, seeking permanent injunction restraining the defendants from infringing the statutory right of the plaintiff to the Trademark. Pending Suit, it appears that the petitioner/defendant No.1 preferred I.A.No.397 of 2025 in O.S.No.3 of 2025, seeking stay of all further proceedings of the suit in O.S.No.3 of 2025 in view of pendency of application for rectification/cancellation. A perusal of record reveals that Tr.C.M.P.No.231 of 2025 was filed before this Court under Section 24 of Code of Civil Procedure, 1908, by the petitioners/defendants, seeking transfer of O.S.No.3 of 2025 pending before the learned District Judge, Kamareddy, Telangana State to the file of I Additional District and Sessions Judge, Nalgonda, to be tried along with O.S.No.2 of 2025 and the same was dismissed by the Coordinate Bench of this Court vide order dated 02.09.2025 in Tr.C.M.P.No.231 of 2025, with an observation that in view of the dismissal of docket order dated 11.08.2025 in O.S.No.2 of 2025 passed by the I Additional District Judge at Nalgonda, Tr.C.M.P.No.231 of 2025 is not maintainable. Pending Tr.C.M.P, the Coordinate Bench of this Court earlier has stayed all further proceedings in Tr.C.M.P.No.231 of 2025 vide I.A.No.1 of 2025, whereby the suit in O.S.No.3 of 2025 pending on the file of District Court at Kamareddy has been stayed for a period of six (6) weeks vide order dated 04.07.2025. In view of the stay granted by this Court, it appears that the learned Principal District and Sessions Judge, Kamareddy, vide impugned order dated 17.07.2025 in I.A.No.397 of 2025 in O.S.No.3 of 2025 dismissed the petition, which reads as follows:

Defendant No.1 in O.S.No.3 of 2025 has filed this petition under Section 124 of the Trade Marks Act r/w Section 151 of CPC praying the Court to stay the proceedings in this suit until the final disposal of rectification/cancellation petitions to Trade Marks Application No.3136998 and 4039640 before the Registrar of Trade Mark at Chennai. Today, Sri Venu Prasad, Advocate, who is stated to be representing learned counsel for petitioner/D1 has handed over to the Bench Memo along with copy of order of Hon’ble High Court dated 04.07.2025 in I.A.No.1 of 2025 in Transfer C.M.P.No.231 of 2025, under which stay of all further proceedings in O.S.No.3 of 2025 was granted for a period of 6 weeks. In view of the said order of Hon’ble High Court, this petition has become infructuous as of now. Therefore, this petition is dismissed as infructuous for the present giving liberty to petitioner/D1 to file fresh petition as and when it is required, as per law.

Assailing the same, the present Revision.

5. The main grievance of the petitioners is that the learned Judge ought to have kept the Interlocutory Application pending till the disposal of the