1. Petitioner aggrieved by the order Annexure P-7 dated 25.7.2005 in Civil Suit No. 318A/2005 by IX Additional Judge to the Court of District Judge, Jabalpur, in Misc. Civil Appeal No. 63/2005, has filed this petition. Both the Courts by the aforesaid orders have refused to grant temporary injunction in favour of the petitioner. .

2. Facts as stated by the plaintiff before the trial Court ere that the plaintiff is owner of the house property bearing House No. 739, 739/1 situated at Karamchand Chowk, Marhatal, Jabalpur. This house was succeeded by her by a Will dated 5.12.1987 executed by her father-in-law late Rameshwar Prasad. Before getting the aforesaid property, a hotel in the name of 'Standard Hotel' was running in the property. In the eastern side of the house, there are window, sky lighters and ventilators affixed out of which light and air is being enjoyed. Defendant No.1 purchased an eastern side house and started raising construction. Because of the construction, windows, sky-lighters and ventilators shall be closed and the plaintiff would be deprived with the easementary right of light and air which is irreparable loss. Defendant No.1 is not raising construction as p