Law: Civil Procedure Code, 1908

Section: 1,2

Law: Specific Relief Act (I of 1877)

Section: 54

Civil Procedure Code, 1908 (V of 1908)-- ----O. XXXIX, Rr. 1 & 2--Specific Relief Act, (I of 1877), S. 54--Right of party to seek for perpetual injunction--Rights and title was denied--Restraining from interfering in peaceful possession and alienation and creation of third party interest--Validity--An interim injunction can be sought by defendant; when plaintiff intends to seek an 'status-quo' during pendency of suit his prayer for interim injunction is required to be controlled by main relief which he/she sets through pleading because he/she approaches Court while pleading an invasion or threat to invade his/her (plaintiffs) right to or enjoyment of property--Applicants had failed to make out a case for grant of injunction--There is no cavil in proposition of law that when a relief which is not sought as main relief by plaintiff, same cannot be extended as interim injunction and Courts are bound to proceed within prescribed limits of law.   [Pp. 214 & 215] A, B & C Date of hearing: 26.11.2014. Order Through instant Civil Revision, applicants have assailed the order dated 03.02.2014 passed by District Hudge, Tando Muhammad Khan in Civil Miscellaneous Appeal No. 04/2014, whereby maintained the order dated 09.12.2013, passed by Senior Civil Judge, Tando Muhammad Khan, consequently application U/O XXXIX Rules 1 and 2, C.P.C. of the applicants/plaintiffs, moved in F.C Suit No. 72/2012, (Re-Gul Hassan Shah and others v. Province of Sindh and others); was declined. 2.  Succinctly, relevant facts are that one late Syed Muqeem Shah and Respondents No. 6 and 7 belong to Shia sect. Deceased left behind certain properties including agricultural land. Syed Muqeem Shah died on 11.07.2010, leaving his surviving legal heirs as Gul Hassan Shah (son), Mst. Fatima Bibi (daughter) and Mst. Sharifan Bibi (daughter), Mst. Ameena Bibi and Mst. Mumtaz Begum both as widows so also one Mst. Seema (daughter). Applicants approached to higher Revenue authority for the change of Foti Khata in favour of the legal heirs but failed to succeed thus applicants filed CP.No. D-1858 of 2010 before this Court and vide order dated 11.02.2011 this Court directed the…