Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Mirpur Development Authority Ordinance, 1974

Section: 11

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Azad Jammu and Kashmir Mirpur Development Authority Ordinance, 1974 S.11---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Grant of interim injunction---Conditions---Scope---Conditions necessary for issuance of a stay order were a good prima facie arguable case, irreparable loss which a party would suffer if stay order was not issued or due to issuance of stay order the other party would suffer loss and balance of convenience---Question of irreparable loss had to be considered by the court if a good prima facie arguable case was made out by a party---Irreparable loss was the loss which would be suffered by a party if stay order was issued or not---Party was not bound to show all the circumstances for success of his/her case for making out a good prim facie case---Raising a fair question for determination by the court was sufficient for the same---In the present case, Master/sector plan could only be changed by the Development Authority with prior approval of Government under the provisions of Mirpur Development Authority Ordinance, 1974---Corner position of the plots of petitioner had been changed without jurisdiction by the Development Authority due to which he had got a good prima facie arguable case and if respondents succeeded in raising the construction then he would suffer an irreparable loss---Balance of convenience would also lie in favour of petitioner---Supreme Court (AJ&K) directed that respondents should not raise construction in the plots till disposal of writ petition by the High Court and they should maintain the status quo---Supreme Court further directed the High Court to consider after providing an opportunity to the Development Authority whether master/sector plan had been changed with approval of Government or not and functionaries of said Authority were directed to refrain from altering master/sector plan in an arbitrary manner without prior sanction of Government and Authority. Jamil Akhtar v. M.D.A. Mirpur through Chairman and 4 others 1996 CLC 1464; Kashmir Free Blood Bank and Welfare Centre (Registered) through Attorney v. Mirpur Development…

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