Law: Civil Procedure Code (V of 1908)

Section: 1,2

Law: Specific Relief Act, 1877

Section: 42,54

Law: Karachi Building and Town Planning Regulations, 2002

Section: 25.5,2

(a) Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr. 1 2---Interim injunction---Necessary ingredients---Scope---Three essential ingredients must be present together for a favorable order---Absence of any one of the three ingredients does not warrant grant of injunction---Court at such stage is to make a tentative assessment of the case for enabling itself to see whether three requisites are met or not---Relief of injunction is known to be discretionary and it is to be granted following sound legal principles and ex-debito justiae---Term prima facie case is not specifically defined in Civil Procedure Code, 1908, but the consensus is that in order to satisfy about existence of a prima facie case, pleadings must contain facts constituting existence of right of plaintiff and its infringement at the hands of opposite party--- Balance of convenience is that if an injunction is not granted and suit is ultimately decided in favour of plaintiff, the inconvenience caused to plaintiff would be greater than that would be caused to defendant, if the injunction is granted---It is for the plaintiff to show that inconvenience caused to plaintiff would be greater than that which may be caused to defendant---Irreparable loss is held to mean to be the loss, which is incapable of being calculated on the yardstick of money. (b) Specific Relief Act (I of 1877)--- ----Ss.42 54---Karachi Building and Town Planning Regulations, 2002, Regln. 25.5.2---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 2---Suit for declaration and injunction---Interim injunction, grant of---Master plan, violation of---Educational institution in a residential building---Pre-condition---Plaintiffs were aggrieved of running an educational institution by defendants in a residential area in a residential accommodation---Plaintiffs sought interim injunction against defendants from running the school---Validity---Residential accommodation per regulation 25 5.2 of Karachi Building and Town Planning Regulations, 2002, could only be used for educational purposes if width of road upon which residential accommodation was located was not less than 100 feet wide, as well as plot size must not be less than 1500 square…

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