V. S. DESHPANDE, J.

( 1 ) THE plaintiff has filed a suit against the defendant for a declaration that it is entitled to put up a cooling tower on the roof of the third floor of the defendant s building and for a mandatory injunction against the defendant to allow the plaintiff and its workmen to go to the roof and construct a cooling tower and maintain it and also a permanent injunction that the defendant is not to interfere with the working of the cooling tower after its construction by the plaintiff. On 8-3-1978 the suit was filed along with I. A. 972 of 1978 for grant of interim injunction without issue of notice to the defendant under order 39 Rule 3, Civil Procedure Code, the principal part of which is as follows :

"the Court shall in, all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting aninjunction, direct notice of the application for the same to be given, to the opposite party. "an ex parte interim injunction was granted in favour of the plaintiff on the same date ordering the defendant to allow the plaintiff to construct the cooling tower. Notice of the application was issued for 12th April, 1978, but

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