S. C. MITAL, J.

( 1 ) 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-11 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 and Investment Corporation, Jodhpur is respondent No. 2 in this appeal. The respondent No. 1 also moved an application under order 39, Rules 1 and 2 read with S. 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 maki