Law: Civil Procedure Code, 1908

Section: O.XLIII, R. 1(r), O.XXXIX R. 1 & S. 115

Law: Specific Relief Act, 1877

Section: 42

PLJ 2026 Quetta 16 Civil Procedure Code, 1908 (V of 1908)-- ----O.XLIII, R. 1(r), O.XXXIX R. 1 & S. 115--Specific Relief Act, 1877 (I of 1877), S. 42--Application for temporary injunction--Dismissed--Appeal--accepted--Prima facie case--Balance of inconvenience--Irreparable loss--It is also a settled principle of law that pleadings, documents, and supporting evidence have to be examined for grant of injunction or refusal thereof, and assessment whereof shall be made tentatively--In instant case, private respondent before trial Court as well as appellate Court produced title documents of disputed property, which is in name of private respondent--However, petitioner claimed property in question on basis of agreement, which was not a registered document and still requires strict proof--Ingredients of mandatory injunction regarding granting of status quo i.e. prima facie, balance of inconvenience and irreparable loss lying in favour of private respondent.                                                                                                [P. 18] A Judgment This Civil Revision Petition No. 266 of 2023 has been filed under section 115, CPC by the petitioner against the order dated 29.03.2023 (“impugned order”) passed by learned District Judge Sariab Division (“appellate Court”) whereby the appeal filed by the private respondent under Order XLIII Rule 1(r), CPC was accepted and the order dated 15.12.2022 passed by learned Senior Civil Judge-II, Sariab Division Quetta (“trial Court”) was set-aside and the application filed by the private respondent under Order XXXIX Rule 1 and 2 was accepted.…