Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Direction to maintain status quo–Set aside by the Appellate Court–Trial Court has not assigned any reason for coming to conclusion that a prima facie case, balance of convenience, or irreparable injury is made out in favour of the petitioner–It held the prima facie case on the basis of engle of plaintiff in the disputed wall–It has not considered the additional construction on the wall in dispute–Plaintiff himself sought the relief that a direction should be given for construction of two feet wall in place of nine inch well–Order of status quo was passed without considering that the dispute was only with regard to the wall and much construction has already undertaken by the respondent–Held, Appellate Court rightly allowed the appeal.
