Law: Civil Procedure Code (V of 1908)

Section: XXXIX,1,2

Law: Specific Relief Act (I of 1877)

Section: 54

Law: Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land Ordinance, 1974

Section:

Civil Procedure Code (V of 1908)-------O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S. 54---Suit for permanent injunction---Temporary injunction---Grant or refusal of---Ingredients--Petitioner/plaintiff sought grant of status quorestraining the respondents/ defendants from raising further construction over the suit land but same was denied, which order was maintained by the Appellate court---Plea of the respondent was that they had invested a huge amount and the construction was almost completed---Validity---Record (including the report of Commission) revealed that respondents had completed three stories construction work in the suit-land while infact he obtained the proprietary rights of the same under law (i.e. Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land Ordinance 1974) in lieu of Rs.8,54,007/= and the petitioner aggrieved from the Proprietary Rights Transfer Order/ Sanction of the suit land in favour of respondents, had filed an appeal before the concerned Commissioner---Thus, until and unless, the fact of proprietary rights of suit -land obtained by respondent was not decided by the competent fora i.e. Commissioner and above, no contrary stance could be entertained qua granted land in favour of respondent--Prima facie case, irreparable loss and balance of convenience are three prerequisites introduced by law qua adjudication of grant or refusal of stay order--All said three ingredient are to be judged in a manner that if these pre-requisites are simultaneously, fulfilled, stay order is granted while on other hand in absence of any one of the said qualified criterion stay order cannot be issued---Primafacie case is ascertained on the strength of facts flowing from the pleadings which in ordinarily and cursory manner convinces a prudent mind in a way that if evidence and facts remain intact a decree can ultimately be passed, while the irreparable loss in short is a loss which cannot be calculated in terms of money and balance of convenience follows the tentative assessment of other two ingredients above---Rationally the prima-facie case requirement governs the other two ingredients---Phrase prima facie case in is…