Law:

Section:

Easements Act (V of 1882) --------- ----------S.35 --------- Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2 --------- Plea of nuisance and infringement of easement rights --------- Scope --------- Temporary injunction, grant of --------- Plaintiff had alleged infringement of easement rights in general terms --------- Any ground of nuisance and infringement of easement rights had to be established by evidence --------- Mere assertion of infringement of easement rights was not sufficient for grant of temporary injunction --------- Defendant could not be restrained from raising construction in accordance with approved plan --------- Balance of convenience did not lie in favour of plaintiff rather defendant would suffer irreparable loss if injunction was allowed to continue --------- Application for grant of temporary injunction was dismissed. Mst. Seema and others v. Messers Millennum Developers and others 2003 CLC 632; Syed Tahir Hussain Mahmoodi and 7 others v. Tayyab and others 2009 CLC 1254; Mrs. Alba D'sa and others v. Mrs. Naheed Pabani and others 2008 YLR 738 and Nighat Jamal v. Province of Sinclh and others 2010 YLR 2624 rel. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---------- This order is disposing of the listed applications (C.M.A. No. 17538/2014) filed by the plaintiffs under Order XXXIX Rules 1 and 2, C.P.C. seeking ad-interim injunction; and (C.M.A. No. 16825/2015) filed by Defendant No. 1 under Order XXXIX, Rule 4, C.P.C. seeking modification in the orders passed by this Court on 29.12.2014 and 09.01.2015. 2. This suit is concerned, among others, with the claim of the plaintiffs that proposed multi-storey building being constructed on Plot No. 1/8 in Block No. 1-A, Nazimabad No. 1, Karachi by defendant No. 1/Messers M. Kamil Builders and Developers is without an approved plan. And it would violate their easement and privacy rights. The excavation work so far carried out by Defendant No. 1 has damaged the walls and underground water tank of the plaintiff No. 2's house. The plaintiffs have also filed the application (C.M.A. 17538/2014) for granting ad-interim injunction to restrain defendant No. 1 from raising any construction…

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