Law: Civil Procedure Code (V of 1908)

Section: 1,2

Law: Specific Relief Act, 1877

Section: 12,42,54

Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXIX, Rr. 1 ,  2--Specific Relief Act, 1877 (I of 1877), Ss. 12, 42 ,  54--Suit for specific performance, declaration and perpetual injunction--Refusal of application for interim relief--Acceptance of appeal--oral agreement to sell--Balance of convenience--Powers of Court--Conversion of civil revision into writ petition--Essentials for grant of interim relief--Development of two residential colonies--Three essentials for grant of interim relief were in favour of respondents--Modification in passed by appellate Court--High Court has power to convert one type of proceedings into another kind and therefore, subject to petitioners depositing requisite Court fee present Civil Revision is converted into a constitutional petition--The trial Court dismissed application without taking into account averments raised by respondents and without alluding to documents presented by respondents--Trial Court did not at all allude to documentary evidence appended with plaint which, atleast, prima facie, supported and confirmed contents of civil suit in question--All three factors lean prominently and conspicuously in favour of respondents before this Court and appellate Court has rightly granted interim relief to them in this matter--All amounts deposited by way of dues had been deposited by Waseem Sultan and not petitioners before this Court indeed have a prima facie case and since petitioners had already resorted to selling plots on their own, balance of inconvenience also tilts in their favour--Judgment passed by appellate Court stands modified to extent that petitioners shall be allowed to sell 50% of plots on commercial side and 50% of plots on residential side in two societies in question while retaining 50% plots on commercial side and 50% plots on residential side so as to not to frustrate eventual decision passed in suit in question--Petition dismissed. 2004 SCMR 1092, 1998 SCMR 376, 2020 CLC 1074,2020 CLC 1094 ref. JUDGMENT This Civil Revision is not maintainable after the amendment made in Section 115, CPC by the Province of Punjab by means of adding sub-clause (5) to the section. The newly inserted sub-clause…

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