THE HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.No. 424 of 2007 19-02-2010 Between: M/s. Sai Sagar Food Industries, Kukatpally. ……….Appellant And M/s. Spencer & Company Ltd., Chennai and another. ……….Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.No. 424 of 2007 JUDGMENT: This appeal is filed by the defendant in O.S.No.490 of 2006 on the file of the II Additional Chief Judge, City Civil Court, Hyderabad. The respondents-plaintiffs filed the suit for permanent injunction restraining the appellant-defendant from using wrappers in similar colour, layout, text, design and also for mandatory injunction and damages. The respondents-plaintiffs, along with suit, filed an application in I.A.No.4171 of 2006 seeking ad-interim injunction. The appellant/defendant also filed an application in I.A.No.4480 of 2006 under Order 39 Rule 4 for dissolution of the injunction orders. The trial Court by a common order dated 29-01-2007, while allowing I.A.No.4171 of 2006, partly allowed I.A.No.4480 of 2006. The respondents-plaintiffs did not prefer any appeal against the orders passed in I.A.No.4480 of 2006. But, however, aggrieved by the orders passed in I.A.No.4171 of 2006 in O.S.No.490 of 2006, the appellant- defendant filed this appeal. 2. Sri Akshat Sanghi, learned counsel, appearing on behalf of Sri Sharad Sanghi, learned counsel for the appellant-defendant, submitted that this Court, after admitting the appeal, did not grant any interim orders. Hence, the hearing of the suit has been proceeded with and the suit itself is now posted for arguments. Hence, the appellant- defendant does not desire for disposal of this appeal on merits. He, therefore, requested that the appeal might be closed as no orders are necessary. 3. Recording the submission made by the learned counsel for the appellant, the Civil Miscellaneous Appeal is closed as no orders are necessary. There shall be no order as to costs. ___________________ 19th February 2010 KVR