S. Ravindra Bhat, J.

1. The court proposes, by this order, to dispose of I.A. No. 510/2009, whereby the plaintiff seeks interim mandatory injunction restraining the defendants from creating third party rights in respect of the suit property, as well as a mandatory injunction to them to hand over physical possession of the entire ground floor portion of the suit property to him (i.e. the plaintiff).

.2. The facts, which emerge as undisputed, from the pleadings are that the plaintiff, a senior citizen, retired as an Accountant General; he had served with the Indian Audit and Accounts service. At the time of institution of the suit, he was 88 years; his wife is aged 76 years. The plaintiff purchased a 500 square yards plot, being C-31, Green Park, in 1958. He retired from service in 1978. There exists a three storeyed building (ground, first and second floor) on the plot; the plaintiffs daughter lives on the second floor; his second son, Willy Singh, lives on the first floor. The plaintiff and his wife live in a portion of the ground floor, comprising dining, drawing room and a bedroom area; the First defendant, his son, and the second defendant, his wife (and the plaintiffs d