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1998 Supreme(Raj) 786

S.C.MITAL
Prabhu Marketing – Appellant
Versus
Sunmoon Printers Pvt. Ltd. – Respondent


Advocates Appeared:
M.C. Bhoot, for the Appellant
Dinesh Maheshwari and Vivek Gupta, Ravi Bhansali, for the Respondent

Judgment

S.C. Mital, J.-The appellant is defendant No. 1 in Civil Suit No. 78/98 instituted by the plaintiff Respondent No. 1 M/s. Sunmoon Printers Pvt. Ltd., Jodhpur for the reliefs of mandatory and perpetual injunction for ordering the defendant No. 1 appellant to make construction on the lines of construction already existing on his industrial plot A-l1 described in Para 2 situated in Industrial Estate, Jodhpur and if permission is granted by the defendant No. 2 to raise construction according to new rules, then to raise the construction leaving proper set backs as per rules and at a height by maintaining an angle of 22 degree of his shed. The defendant No. 1 may be further restrained from obstructing the passage of light, air and sun shine to the plaintiffs industrial plot No A-12. The defendant No. 2 Rajasthan Industrial Development & Investment Corporation, Jodhpur is Respondent No. 2 in this appeal. The Respondent No. 1 also moved an application under order 39, Rules 1 & 2 read with Section 151, CPC for temporary injunction. The learned Additional District Judge No. 3, Jodhpur allowed the application by order dated 17-8-98 whereby the appellant was restrained from making any





















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