Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Temporary injunction, grant of---Scope---Trial Court dismissed the petition for grant of temporary injunction but Appellate Court granted temporary injunction---Validity---Defendant had possession of suit property---Presumption of correctness was attached to the registered sale-deed executed in favour of defendant---If stay order continued, defendant would suffer as balance of convenience did not lie in favour of plaintiff---Plaintiff would not suffer any irreparable loss in case of vacation of temporary injunction---Impugned order passed by the Appellate Court was set aside---Revision was allowed in circumstances. 2004 SCR 318 and 2000 YLR 2351 distinguished. THIS ORDER PASSED BY: MOHAMMAD SHERAZ KIANI, JUSTICE:---.--- The above titled revision petition has been directed against the order of learned Additional District Judge Muzaffarabad dated 29.08.2015 whereby while setting aside the judgment of the trial Court dated 04.10.2014, the stay order was confirmed. 2. Precise facts forming the background of the instant revision petition are that plaintiffs/respondents, herein, filed a suit for declaration-cum-perpetual injunction in the Court of Civil Judge Court No. II Muzaffarabad stating therein that defendant No. 1 has got registered a sale deed in respect of land comprising Khewat No. 69 min measuring 07 kanal 1 sarsai situated in Village Palhoter Tehsil and District Muzaffarabad on the basis of fraud. Along with the suit an application for interim injunction was also submitted whereby it was stated that the defendants be restrained from interference or making any sort of improvements in the suit land. As per contents of application, if they succeeded to do so, then the plaintiff/ applicant would suffer greater loss. The application was contested by the other side by filing objections whereby the averments of the application were refuted in toto and it was stated that defendant No. 1 is the owner of impugned land as per registered sale deed executed on 22.08.1998 and he had spent millions of rupees…

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