Law: Constitution of Pakistan, 1962

Section: 58

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 4th December 1969, in Civil Revision No. 168 of 1969). Constitution of Pakistan (1962), Art. 58(3)-Petition for Leave to Appeal not pressed due to satisfactory undertaking given by opposite-party-Petition dismissed. Date of hearing : 6th March 1970. JUDGMENT SAJJAD AHMAD, J.-This petition for special leave to appeal is directed against the order of a temporary injunction granted to the respondent under Order XXXIX, rules 1 and 2 and section 151 of the Civil Procedure Code, by the Courts below, restraining the petitioner from interfering with the removal of the sand by the respondent from a quarry in Lawrencepur area without payment of price, subject to his furnishing security in the sum of Rs. 5,000. This order was made in the respondent's suit for a permanent injunction for the same relief which is pending in the Court of an Administrative Civil Judge, Campbellpur. A notice was issued to the respondent who is represented by his learned counsel, Ch. Muhammad Saleem, who has stated before us that the respondent undertakes to pay the royalty on the sand that may be removed by him from…