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Civil Procedure Code, 1908 (V of 1908)-- ----O. XXXIX, Rr. 1 & 2--Suit for declaration--Interim injunction--Grant of--Application was allowed--Assailed--Operation of injunctive order was suspended owns a land in vicinity and has also a residence--Passage in dispute was being used prior to purchase of land by petitioner as thoroughfare--For purposes of deciding application for grant of temporary injunction, Courts have only to see as to whether prima facie arguable case exists in favour of applicant or not--That balance of convenience/inconvenience lies in whose favour and that which of parties is to suffer irreparable loss in case temporary injunction is not allowed has made out a prima facie case and balance of convenience/inconvenience also lies in her favour--It is plaintiff/petitioner who has to suffer irreparable loss if interim injunction is not granted--Impugned order passed by Additional District Judge is set aside--Petition allowed. Interim Order-- ----Constitutional jurisdiction of High Court--Order which is primarily of interim nature cannot be assailed though a constitutional petition--Submission of--There are no hard and fast rules--In ordinary/normal course of things, interim orders are not amenable to constitutional jurisdiction, however, High Court in appropriate/exceptional cases, can interfere to set things right, where interference is deemed necessary to restrain injustice being done to a party. THIS JUDGMENT DELIVERED BY: PERVAIZ INAYAT MALIK, JUSTICE---.--- Briefly stated facts as those emerge out of this petition are that petitioner/plaintiff filed a suit for declaration before the Civil Court, Multan to the effect that the petitioners/plaintiff were entitled to use of passage measuring 20 feet from Iqbal Mahay Paki to the residence of the petitioner. Along with which an application under Order 39 Rules 1 & 2 CPC for the grant of temporary injunction was also filed. 2. It is inter alia contended that initially learned Civil Judge allowed interim injunction on 05.06.2007 where against an appeal was filed by Respondents No. 2 to 5 which was allowed, wherein, while issuing notices the learned Additional District Judge suspended the…

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