Law:

Section:

(a) Civil Procedure Code (V of 1908)--------- ----------O. XXXIX, Rr. 1 & 2---------Temporary injunction, grant of---------Ingredients---------Court had to see that a good prima facie arguable case was made out or not for issuance or refusal of interim injunction---------If plaintiff had succeeded in establishing a good prima facie arguable case then other ingredients irreparable loss and balance of convenience would be looked into---------Court had to make only a tentative assessment of plaintiff's case for enabling itself to see whether ingredients for grant of injunction existed in favour of plaintiff or not---------Court might tentatively examine the pleadings, affidavits, counter affidavits, rejoinder if any and the documents annexed thereto to determine such ingredients---------Pleadings must contain facts constituting the existence of right and its infringement at the hands of opposite party---------Prima facie case, could not be deemed unless plaintiff had proved the existence of some of his rights and its infringement---------Existence of a prima facie case was to be judged or made out on the basis of material/evidence on record---------Such evidence or material should be of the nature that court should or ought to be of the view that plaintiff was likely to succeed by having a decision in his favour---------Temporary injunction could not be issued where prima facie case was not made out---------Court should refrain from granting such injunction where prima facie case could not be established without recording evidence---------Plaintiff should show that irreparable loss would occur to him if injunction was not granted and there was no other remedy open to him by which he could protect himself from the consequences of the apprehended injury---------Plaintiff had to show that the inconvenience caused to him would be greater than that which might be caused to the defendant---------Court while granting temporary injunction would weigh one party's needs against other party's needs and determine where the balance of convenience would lie---------Nothing was on record, in the present case, to show that subject plot was an amenity/park or green…