S.B. CIVIL WRIT PETITION NO.11532/2009 Smt. Shanti Devi Vs. Smt. Usha Choudhary through her LRs. Date of order : 11th December, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Ajay Vyas for the petitioner. ------- 1. By the impugned order dated 20.5.2009, the learned appellate court has granted temporary injunction in favour of the plaintiff-respondents in suit for injunction that the petitioner- defendant will not raise construction in such a manner so as to close the windows and doors on the back side of the plaintiff's house. The defendant-petitioner has sought for raising the said construction without leaving any setback and without leaving any space for windows or door. 2. Having heard learned counsel and upon perusal of the reasons given in the impugned order, this court finds that the impugned order is unassailable as the defendant-petitioner has failed to show even prima facie that he is raising construction after leaving setback or he has any approved map for raising such construction. Therefore, this Court finds no force in the impugned order. 3. The writ petition being devoid of merit is hereby dismissed. Copy of this judgment be sent to opposite parites. [ DR. VINEET KOTHARI ], J. item No.s/5 babulal/