Law: Specific Relief Act, 1877

Section: 8,42,53,54

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 8---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for declaration and possession---Temporary injunction, grant of---Discretion---Scope---Plaintiff filed suit for declaration and possession of land wherein she claimed that defendants had illegally and in an unauthorized manner occupied the suit land---Trial Court restrained the defendants from alienating the suit property, however, allowed them to raise construction thereon---Appellate Court set aside the order passed by Trial Court and directed the parties to maintain status quo---Plea of revenue department was that suit land was owned by government and that defendant was not entitled to construct residential house thereon---Validity---Issuance of injunction subject to condition, being a matter of discretion of Trial Court, could not have been interfered with unless condition attached was arbitrary or not in consonance with attending circumstances of the case---Land revenue department had neither filed appeal nor cross-objections in the Appellate Court against the order of Trial Court, therefore, it was estopped by its conduct and admission to challenge the order passed by Trial Court---Order passed by Appellate Court was set aside and that of Trial Court was maintained---Revision petition was accepted accordingly. (b) Specific Relief Act (I of 1877)--- ----Ss. 53 & 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Temporary and permanent injunction---Scope---Plaintiff cannot seek permanent or temporary injunction through separate application unless he seeks consequential relief of temporary or permanent injunction in the suit/plaint. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- Through the instant revision petition the petitioners/defendants have called-in-question the legality and propriety of the impugned judgment/order dated 31-5-2018 passed by the learned District Judge Gilgit in CFA No.58/2017, whereby the learned Ist Appellate Court has varied the order/judgment dated 14-6-2016 passed by the learned Senior Civil Judge Gilgit. 2. The brief facts necessary for the disposal of this revision petition are that the…

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