Law:

Section:

(a) Civil Procure Code (V of 1908)--- ----O. XXXIX, Rr.1 & 2---Temporary injunction, grant of---Ingredients---Ingredients for grant of temporary injunction were prima facie case, irreparable loss and balance of inconvenience. (b) Specific Relief Act (I of 1877)--- ----S. 56(d)---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Temporary injunction interfering with public duties of any government department---Scope---No injunction could be issued to hamper the public work being performed by the public department amounting to restrain smooth running of government business. Shahzada Muhammad Umar Baig v. Sultan Mehmood Khan and others PLD 1970 SC 139 rel. THIS ORDER PASSED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- The instant C.M has been moved by the applicant/petitioner, seeks suspension of operation of the impugned judgment/order dated 29.06.2016 of the learned appellate Court, till disposal of main C.R referred above. 2. As respondents Nos.1 and 2 despite of service are not in attendance, therefore are placed ex-parte. Learned counsel for the applicant/petitioner and A.A.G for respondents Nos.3 and 4 are allowed to argue the case. 3. Learned counsel for the applicant contended that basically the suit filed by the respondents Nos.1 and 2 is not maintainable and application for grant of temporary injunction was dismissed by the learned trial Court, while the learned appellate Court failed to appreciate the law on the subject as well as the facts on record in its true perspective and had set aside the order of learned trial Court; he further contended that the Government of Khyber Pakhtunkhwa owned newly constructed building Municipal office Gagra which is on the main road where other municipal facilities like Fire-Brigade House, Police Station, National Bank, B.H.U, offices of Additional Deputy Commissioner, Assistant Commissioner and Higher Secondary School are situated around it which is readily available for shifting with full-fledged facilities but the respondents Nos.1 and 2 due to their mala fide have stuck themselves in a rented building for which the government is paying near about Rs.50,000/- per month as rent and they are creating…

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