Case Details

Citation(s)
2003 SLG 3341 2003 SLD 3341 2003 PLD 222
Sindh High Court
High Court Appeal No. 91 of 1994. decided on 14th November, 2002, dates of hearing: 12th, 13th and. 14th November, 2002
SABIHUDDIN AHMED AND AMIR HANI MUSLIM, JJ
Syed Sami Ahmed for Appellants. Khawaja Shamsul Islam for
Respondents Nos. 1 to 4. Syed Jamil Ahmed for
Respondent No. 5. Rasheed-ud-Din Ahmad for
Respondent No. 6. Suleman Habibullah. Addl. A.G. for
Respondents Nos.7 and 8.

M.Y. CORPORATION (PRIVATE) LTD.

VS

Messrs ERUM DEVELOPERS and 2 others

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ---O. XXXIX, Rr.I & 2---Interim injunction, grant of---Bona fides of plaintiff---Delay in approaching Court---Effect---In order to seek injunction, a party has to be vigilant and should approach the Court without any loss of time to show its bona fides---Delay -in such matters normally disentitles the party from seeking relief of injunction. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX. Rr. I & 2---Interim injunction, grant of---Necessary ingredients---Party seeking injunction has to show three important ingredients in its favour namely 'prima facie case', 'balance of convenience' and 'irreparable loss'---It any one of the three ingredients is missing, the Courts would not ordinarily grant injunction. (c) Special Relief Act (I of 1877)--- -S. 42---Transfer of Property Act (IV of 1882), S.52---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2---Interim injunction, grant of--Necessary ingredients---Establishing of prima facie case, balance of convenience and irreparable loss---Principle of lis pendens---Corpus of suit property, maintaining of ---Plaintiff not in possession of the suit--land--Entries to favour of the plaintiffs produced in record of rights were cancelled in the year 1981, while the predecessors-in- interest of the plaintiffs were dispossessed in year 1984 and the suit, filed by them, was also dismissed in year 1988---Plaintiff filed the suit in the year 1993 and claimed their title to file suit-land on the basis of letter issued by the Revenue Authorities in favour of the predecessor-in-interest of the plaintiffs---High Court in its original jurisdiction dismissed the application for grant- of interim injunction---Contention of the plaintiffs was that they were owners of suit­ land on the basis of letter issued by the Revenue Authorities and refusal to grant injunction would render the proceedings meaningless and would destroy the corpus of the suit property---Validity---Party, which had chosen not to approach the Court promptly, could not seek injunction of such nature .end that too on the basis of documents which, prima facie, had no legal sanctity---Letter of Revenue Authorities…
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