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

Law: Azad Jammu and Kashmir High Court Procedure Rules, 1984

Section: 34

Civil Procedure Code (V of 1908)-------O. XXXIX, Rr. 1 & 2---Azad Jammu and Kashmir High Court Procedure Rules, 1984, R.34---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Issuance of status quo by High Court while directing respondent to file parawise comments upon such petition---Validity---Practice of issuing status quo order by High Court without admitting such petition for regular hearing was not a good and healthy practice---High Court was legally obliged either to issue a 7 days' notice to respondent or dispense with requirement of R.34 of Azad Jammu and Kashmir High Court Rules, 1984---High Court had issued status quo without considering prima facie case, balance of convenience and irreparable loss---Order of status quo passed without fulfilling requirements of O.XXXIX, Rr.1 & 2, C.P.C. was bad in law and not maintainable---Supreme Court set aside impugned order of status quo in circumstances. Dr. Muhammad Ejaz Ahmed v. Dr. Maqbool Ahmed and others Civil Appeal No.187 of 2009; Raja Muhammad Asghar Khan v. Muhammad Hafizullah and 5 others 2001 MLD 224 and Raja Muhammad Asghar Khan v. Muhammad Hafizullah and 5 others 2001 MLD 224 rel. Sardar Muhammad Azam Khan, Advocate for Appellant. Nemo for Respondents. Date of hearing: 15th October, 2012. JUDGMENT MUHAMMED AZAM KHAN, C.J.--- This appeal with leave of the Court arises out of an order passed by the High Court on 17-6-2009, whereby while seeking para-wise comments on the writ petition, the ex parte stay order has been issued. 2. Facts necessary for disposal of the appeal are that appellant was serving as Revenue Officer, (B-17) in the Electricity Department. He was promoted against the post of Deputy Director Commercial, (B-18) on the recommendations of Selection Board w.e.f. 10-12-2004. The order was issued on 5-5-2006. One Sardar Muhammad Khurshid Khan, Director Commercial retired and on his retirement a proposal was forwarded by the Secretary Electricity Department for appointment of Tariq Mehmood Executive Engineer, as Director (B-19) and the appellant was to be posted as Director Commercial. Electricity Department, Muzaffarabad, on current charge basis on 8-5-2009. A…

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