Law:

Section:

Civil Procedure Code (V of 1908)--- --------S.104, O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss.42 & 54---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court appeal---Suit for declaration injunction and damages---Interim order---Discretion---Single Judge of High Court passed interim order, directing authorities to restore electricity connection of plaintiff---Validity---While passing the impugned order, Single Judge of High Court had correctly observed and drawn tentative view and there was no occasion to interfere with the discretionary interim relief---Appellate Court was not justified to interfere with exercise of discretion---Interim order would merge into final order and interim order would cease to exist automatically on announcement of final order, therefore, any direction given in term order would also cease to exist---Division Bench of High Court declined to interfere with discretionary interim relief ranted by Single Judge of High Court by deciding interlocutory application---Intra-court appeal was dismissed, in circumstances. Roshan Din v. S.M. Badaruddin PLD 1969 Kar. 546; C. Kamatchi Ammal v. Kattabomman Transport Corpn. Ltd. AIR 1987 Madras 173; Mrs. Kavita Trehan and another v. Balsara Hygiene Products Ltd. AIR 1995 Supreme Court (Delhi) 441; Shipping Corporation of India Ltd. v. Machado Brothers and others Civil Appeals Nos. 1855-1856/2004 AIR 2004 SC 2093; Gauhati) (State of Assam v. Barak Upatyaka D.U. Karmachari Sanshta AIR 2009 SC 2249; Ali Muhammad Brohi v. Haji Muhammad Hashim PLD 1983 Kar. 527; Abdul Qayyum and another v. Niaz Muhammad and another 1992 SCMR 613; Kashif Anwar v. Agha Khan University 2006 CLC Kar. 1621; Glaxo Laboratories Limited v. Inspecting Assistant Commissioner of Income Tax and others 1992 PTD 932; Prem Chandra Agarwal and another v. U.P. Financial Corp. and others 2009 3 AWC (Supp.) 2578 SC rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:------------------ Through the captioned High Court Appeal, the appellant ( KESC) has prayed to set-aside the impugned order dated 29.08.2013, passed by learned Single Judge of this Court on C.M.A. bearing No. 11594/2012 in Suit No.…

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