MOHAMMAD ZAHEERUDDIN Vs. MOHAMMAD YOUSUFUDDIN MANSOOR

JUDGEMENT

(1.) The controversy between the parties is in relation to the stay of suit praying for the relief of perpetual injunction in relation to a Trade Mark Azam Jadi Beedi.

(2.) Respondents in the Civil Revision Petition moved C.M.P.No. 37/2004 in C.M.P.No. 19983/2003 in the present Civil Revision Petition to vacate the interim suspension made in C.M.P.No. 19983/2003. At that stage, with the consent of both the Counsel, the Civil Revision Petition itself was heard finally.

(3.) The Revision petitioners/respondents in I.A.No. 163/2003 in O.S.No. 88/2001 on the file of XIV Additional Chief Judge, City Civil Court, Hyderabad-Fast Track Court;as plaintiffs filed the suit O.S.No. 88/2001 praying for the relief of permanent injunction in favour of plaintiffs restraining the defendants, their men, agents, servants, employees or any one claiming under or through them from in any way manufacturing, selling, supplying and dealing with the plaintiff proprietary Registered Trade Mark Azam Jadi Beedi from any territory by taking police assistance and for costs of the suit. It is available on record that the said plaintiffs also moved an application I.A.No. 1000/2001 for temporary injunction which was dismissed on 12-7-2001. The defendants in the suit Yousufuddin Mansoor and Smt. Saleha Begum filed the application I.A.No. 163/2003 in O.S.No. 88/2001 on the file of XIV Additional Chief Judge, City Civil Court, Hyderabad-Fast Track Court as against Mohd.Zaheeruddin, Mohd.Basheeruddin, Mohd. Muneeruddin and Mohd. Naseeruddin - respondents in the said application/plaintiffs in the suit, under Section 111 of the Trade and Merchandise Marks Act 1958 r/w. Sections 10 and 151 of the Code of Civil Procedure for stay of further proceedings in the suit. The learned Judge ultimately framed an Issue : "Whether the trade mark registration Certificate issued by the Registrar is invalid" and the defendants were given three months time to approach the High Court for rectification of the Register and had adjourned the suit to 13-10-2003 for further hearing, if any. Aggrieved by the said order, the respondents in the said application/plaintiffs in the suit, preferred the present Civil Revision Petition.