Law: Civil Procedure Code (V of 1908)

Section: S.115,O.XXXIX,R.1,2

Law: Specific Relief Act, 1877

Section: 43,54,55

Civil Procedure Code (V of 1908)--- ----S. 115 & O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss.43, 54 & 55---Suit for declaration, permanent and mandatory injunction---Order of appellate court suspending operation of the impugned order---"Case decided"---Scope---Petitioners assailed order of Trial Court in appeal whereby their application under O. XXXIX, Rr.1 & 2, C.P.C. in a suit for declaration, permanent and mandatory injunctions was dismissed---Appellate Court issued notices to the respondents and suspended operation of the order of trial court by which the petitioners felt aggrieved---Validity---Nothing was finally decided amounting to a challengeable decision and only the operation of the order of trial court was suspended---Suspending the order of dismissal of an application without passing further order for granting any relief or restoring relief that was granted as an ad-interim relief by the trial court at a stage before the said application was dismissed did not tantamount to automatically revive any relief that could have been granted at ad-interim stage as the same had merged in the final order, therefore, there was no finally settled matter to be agitated before and determined by the High Court in the civil revision, which required the impugned decision to be a "case decided"---Revision petition, being premature, was dismissed. Mian Muhammad Luqman and 5 others v. Farida Khanam and another 1994 SCMR 1991; Nestle Milkpak Limited v. Classic Needs Pakistan (Pvt.) Ltd. and 3 others 2006 SCMR 21 and Abdul Razzaq and others v. Muhammad Ajmal Khan PLD 2018 Lah. 491 ref. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, J.---- Through this revision petition, the petitioners have called in question order dated 14.06.2019 passed by Additional District Judge, Multan whereby through an interim order while admitting appeal for regular hearing against order of trial court dated 03.06.2019, whereby the application under Order XXXIX Rules 1 and 2, C.P.C. filed by the petitioners in a suit for declaration, permanent and mandatory injunctions was dismissed, the court issued notices to the respondents and operation of the impugned order dated…

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