Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Specific Relief Act (I of 1877)-------S. 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for permanent injunction---Grant and cancellation of interim injunction---Plaintiff filed separate application for grant of interim injunction, which was allowed---Trial Court cancelled said interim injunction on objections by the defendants---Appellate Court upheld the order of Trial Court---Validity---Road had been constructed by the Local Government Department some years before for the benefit of the general public including the plaintiff---All the owners of the village had left the land for the construction of said road---People of the area were utilizing the road since last five to six years---Plaintiff had also left some land for the construction of said road, but later on he closed the said road---Trial Court appointed a Local Commission to inspect land in dispute and to make a report for the same---Commission, made a report after inspection and no objection was raised by the plaintiff before the Trial Court regarding appointment and report of the Commission---Plaintiff who had also participated in the construction of said road reserving his own land for the road, was debarred to raise any objection on the construction of said road---Plaintiff had not sought declaration of his ownership in the suit regarding the disputed land, so no consequential relief of permanent or interim injunction could be granted to him---If the plaintiff was not willing to leave his land for the construction of the road, he had got a right to claim for the compensation regarding his land from the concerned authorities---Petition was dismissed. 2002 CLC 571 rel. ORDER MUNIR AHMED CHAUDHARY, J.--- One Ahmed Din filed an appeal against the order of District Judge, Bhimber, dated 8-12-2010, through which appeal filed by Ahmed Din was dismissed and order of the trial Court was upheld regarding cancellation of interim injunction. As no second appeal lies against any order passed under Order XXXIX, C.P.C. The learned counsel for the respondents objected that the instant appeal is not maintainable in the present shape but the learned counsel for the appellant requested to convert…

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