( 1 ) THE respondent herein had obtained permission from the Municipal corporation of Hyderabad for construction of a building which consisted of ground floor plus two floors bearing permit number 318/40 dated 31-3-1992. The respondent herein started construction violating the terms and conditions contained in the permit referred to above. The petitioner herein is a neighbour of the respondent. Therefore, the petitioner filed O. S. No. 1509 of 1992 in the court of the II Asst. Judge, City Civil Court, Hyderabad for declaration and injunction and also for mandatory injunction to pull down the structure, which was constructed unauthorisedly by the respondent herein. The petitioner herein also filed I. A. No. 1723 of 1992 in the same suit seeking interim relief. The said I. A. , was ordered ex parte on 16-4-1992 and ad interim injunction was granted. On appearance of the respondent herein in that suit, the orders passed ex parte earlier in I. A. No. 1723 of 1992 was made absolute on 15-9-1992. However, the respondent herein was permitted to construct the building leaving 11 feet space towards the side of the petitioner herein as per the sanctioned plan. The respondent h