Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX, r. 1

Civil Procedure Code (V of 1908) O. XXXIX, r. 1-Injunction, ad interim - Material on record showing a bungalow having already been constructed on disputed premises and predecessor-in-interest of respondents having purchased property in question-On-going construction also nearing completion-Balance of convenience, held, lay in favour of opposite party and ad interim injunction stopping construction likely to cause irreparable harm to respondents-Findings of Courts below not found in any manner arbitrary or capricious - Injunction ad interim, declined, in circumstances -[Injunction]. Date of hearing : 11th December, 1979                                                                                                                 ORDER ANWARUL HAQ, C. J.- Petitioner Malik Manzoor Hussain is aggrieved by the refusal of the Courts below to grant him interim relief during the pendency of a suit instituted by him against the respondents, praying for a permanent injunction for restraining them from constructing shops and buildings over the joint plot of land bearing Khasras Nos. 820 and 821 and situate in village Ojhri Kalan Faizabad, Rawalpindi. The petitioner claimed that he had purchased 10 Marlas of land out of the joint holding on the 28th of April, 1979, and as there had been no partition between him and the other co-sharers, including respondents 1 to 9, they could not raise construction on any portion of the joint holding. The suit was resisted on the ground that the disputed land was not an open plot but a constructed site with a bungalow and other structure thereon, and that the petitioner-plaintiff fully knew the position on the ground when he purchased 10 marlas out of this joint holding. An ad interim injunction was granted by the trial Court to the petitioner, but the same was vacated…