Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Suit for declaration and permanent injunction---Interim injunction, grant of---Land allotted to plaintiff/respondent was again allotted to Government Departments---Plaintiff/respondent had filed certified copy of allotment order; copy of delivery receipt; Sajara Khasra and order of Tehsildar along with plaint---Disputed land was prima facie allotted in favour of plaintiff/respondent by the competent authority and revenue field staff had also handed over the possession of the suit land---Plaintiff/respondent succeeded to make out a prima facie arguable case and balance of convenience was in his favour---If temporary injunction was not granted to the plaintiff/respondent, he would suffer irreparable loss and injury---Revision petition against the interim relief was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ALI BAIG, JUSTICE:---.--- This civil revision petition has been directed against the impugned judgment/order dated 24-04-2018 passed by the learned District Judge Diamer in Civil First Appeal No. 03/2018 whereby the learned Ist Appellate Court has granted injunction order against the present petitioners/defendants by accepting appeal of the present respondent No. 1/ plaintiff. 2. Succinctly, facts of the case giving rise to the filing of this revision petition are that the present respondent No. 1/plaintiff filed a suit for declaration and perpetual injunction against the respondents Nos.1 to 19 in the trial court claiming that the plaintiff/respondent No. 1 is owner in possession of the suit land measuring 50 kanals which was allotted to him by the competent authority vide allotment order No. Rev.Comm/Allot-3/86-11 dated 20th March 1986. The plaintiff/ respondent No. 1 has further averred in the plaint that later on the respondent No. 1 has allotted the suit land to some Govt. Departments vide allotment order No. RC-3/(1) 2014 dated 29th August 2016 and subsequent allotment of the suit land to different departments is illegal and ineffective on the rights of the plaintiff/respondent No. 1 and void ab-initio, hence the same may be cancelled to meet the ends of justice. 3. The…

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