Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Grant of temporary injunction–Justification–Gift executed in favour of father of appellant is in existence and he is in possession over the disputed plot–No prima facie case in favour of respondent-plaintiff–Appellant is raising construction over the half portion of plot and same is lying unfinished, thus balance of convenience is also not in favour of respondent–Further, no averments as regard to creating the third party rights, therefore, no irreparable loss can be said to be caused to plaintiff–Impugned order deserves to be set aside with the direction to both parties for not to create any third party right.
