Law: Civil Procedure Code (V of 1908)

Section: 91

(On appeal from the judgment and order of the former. High Court of West Pakistan, Karachi Bench, Karachi, dated the 14th November 1966, in ( Appeal No. 131 of 1963). Civil Procedure Code (V of 1908), S. 91-Suit relating to public matters-Injunction-Suit for permanent injunction against Munici pality praying for injunction restraining Municipality from putting up construction on a plot claimed to be public street-Provincial government a necessary party-Suit, on request of plaintiff, allowed to be withdrawn with permission to bring fresh suit. Date of hearing : 15th February 1972. JUDGMENT SAJJAD AHMAD, J.-This appeal, by special leave, arises out of the plaintiff-appellant's suit for a permanent injunction to restrain the respondent from putting up any construction in front of the appellant's property, situated on City Survey Nos. 1452 and 1453, Ward `A', Larkana town. The suit was dismissed by the trial Court. On an appeal, the District Judge, Larkana, granted partial relief to the appellant, and ordered that the respondent (Municipal Committee of Larkana) shall demolish one shop, which lies nearest on the southern side to the door on the western side of the appellant's property. Thereafter, the respon dent filed a second appeal in the former High Court of West Pakistan,. Karachi Bench, which was allowed by a learned Single Judge, whereby the order of the lower appellate Court was set aside, and that of the trial Court was restored, resulting in the total dismissal of the plaintiff's suit. The plaintiff appellant in his suit had claimed that the plot on which the construction was being made by the Municipal Committee, formed part of a road way and blocked the plaintiff's access to his property from that road. In the Courts below, the plaintiff-appellant pursued his ease on the basis that the' plot in question lying to the west of his property comprised in Survey Nos. 1452 and 1453, was a public street, which the Municipality, under its statutory obligations, was bound to maintain as such without any interference with its purpose or utility. The learned Single Judge in the High Court came to the conclusion that the plot on which the…