Law:

Section:

Civil Procedure Code (V of 1908)--- --------O.XXXIX R.1 & 2---Suit for declaration, damages, permanent and mandatory injunction--- Application for grant of temporary injunction---Statutory tenant---Suit property was leased to defendant vide lease agreement that had expired and despite correspondence from landladies same was not renewed---Landladies entered into a new lease agreement with plaintiff but defendant had installed its machinery on leased land---Effect---Ignorance or no-reply on part of defendant should not be considered in a way that he had conceded their rights as to possession or statutory rights of tenancy---Defendant was for all intent and purposes in occupation of suit property and were running business of supply of petrol and other allied products---Defendant had also applied for storage license after spending huge fee contrary to allegation that they were not interested in operation from suit property---Plaintiff's case was not considered to be one of prima facie, nor it would suffer an irreparable loss---Plaintiff had also not come with clean hands, hence was denied discretionary relief---High Court, in circumstances, dismissed application for grant of temporary injunction under its original jurisdiction. THIS ORDER PASSED BY: MOHAMMAD SHAFI SIDDIQUI, JUSTICE:------------------ These are three connected suits. Suit No.2471 of 2014 being prior in time may be considered as leading suit only for the purposes of identification of the plaintiff and defendants and by this order I propose to dispose of the listed applications out of which application at Sr. No.1 is under Order XXXIX, Rules 1 and 2, C.P.C. filed by the plaintiff seeking restraining orders in respect of property in question while the application at Sr.No.2 is under Order XXXIX, Rule 4 filed on behalf of defendant No.1 seeking recall of interim order dated 08.12.2014 passed on injunction application. First suit i.e. Suit No.2471 of 2014 is filed by plaintiff Hascol Petroleum Limited (hereinafter referred. as Hascol) against M/s. Shell Pakistan Limited (hereinafter referred to as Shell) and other defendants out of whom defendants Nos.2 to 4 (hereinafter landladies) are landladies of…

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