THE HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.No. 125 of 2007 19-02-2010 Between: Kasam Raji Reddy ……….Appellant And The Special Deputy Collector, L.A. Unit, LMD Colony, Karimnagar. ……….Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.No. 125 of 2007 JUDGMENT: The appellant filed O.S.No.423 of 2005 on the file of the II Additional Chief Judge, City Civil Court, Hyderabad, for permanent injunction to restrain the defendant No.1, its partners or proprietor or directors etc. from reproducing the label “OLAPIN” on their own products for any other Trade Mark residuaries to the Trade Mark ‘OLAPIN’ of the plaintiff-company and consequently to grant permanent injunction. The appellant also filed I.A.No.3500 of 2005 seeking interim injunction to restrain the respondents from reproducing the label on the aforesaid products. The I.A.No.3500 of 2005 along with another I.A.No.3501 of 2005 was dismissed by common order dated 08-12-2006. Aggrieved by the said orders, the appellant-plaintiff filed the present appeal. 2. Sri Venkat Reddy Donthi Reddy, learned counsel for the appellant submitted that the suit itself was dismissed for default and in that view of the matter, the cause in the present I.A. does not survive. He also stated that there is a Civil Revision Petition pending in this Court with reference to the dismissal of the suit. The appellant is at liberty to pursue the same. 3. Since the suit itself was dismissed for default as fairly submitted by the learned counsel for the appellant and since the cause of action in the I.A.No.3500 of 2005 does not survive, the Civil Miscellaneous Appeal is dismissed as infructuous. There shall be no order as to costs. ___________________ 19th February 2010 KVR