Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Civil Procedure Code (V of 1908)-------O. XXXIX, Rr. 1 & 2---Interim relief, order of---Validity---Such order passed by Trial Court for a specific date, if not extended through a speaking order, would be of no legal value---Illustration. Javed Iqbal Qureshi for Petitioners. Ghazanfar Khalid Saeed for Respondent No.1. Shaharyar Kasuri for Respondent No.2. ORDER MUHAMMD FARRUKH IRFAN KHAN, J.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioners call in question the validity of impugned order dated 22-3-2012 passed by respondent No.1/Chief Settlement Commissioner Punjab, Lahore. 2. Facts of the case in brief are that respondent No.2 moved an application under para No.30 of Scheme for Management and Disposal of Urban Properties, 1977 (R.P. Scheme of 1977) before respondent No.1 for purchase of land measuring 16-K bearing Killas Nos.1 and 10, Sq.No.9 situated in village Kahnianwala, Tehsil and District Sheikhupura alleging therein that the land in dispute was owned by the Provincial Government (Sabiqa matrooka) and available for disposal according to the provisions of above mentioned scheme for public purpose. 3. The stance of the petitioners before respondent No.1 was that the disputed land had been allotted to their predecessor-in-interest against claim of mortgagor rights and they had deposited its prescribed price. It was further alleged by them that they had applied to the D.O.R., Sheikhupura for depositing the remaining dues, if any. 4. After hearing both the parties respondent No.1 passed the impugned order dated 22-3-2012 in the following terms:---- "After hearing the arguments of the parties and perusing the record, it has been found that the land, in dispute, measuring 16 Kanals bearing Killa Nos.l and 10 of Square No.9 situated in village Kahnianwala, Tehsil and District Sheikhupura, is obviously an available property which is to be disposed according to the provisions of above mentioned P.P. Scheme 1977 framed under section 3 of the Repealing Act of 1975. It shall be disposed of through unrestricted public auction by the Auction Committee headed by District Collector, Sheikhupura. Deputy…

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