Law:

Section:

Civil Procedure Code (Y of 1908)-- O. XXXIX, rr. 1 & 2 read with Supreme Court Rules 1956, O. V, r. 2 Temporary injunction Petitioners unable to point out what irreparable loss likely to be caused to them in case of operation of impugned order being not stayed Supply of water of petitioners being not adversely affected in any manner apparent from their very application Apart from fact of respondents having also been allowed to take water from outlet in dispute petitioner otherwise not adversely affected No ground, held, to interfere with concurrent findings of High Court and District judge finding case not fit for grant of temporary injunction for restraining implementation of order of Divisional Canal Officer. ORDER KARAM ELAHEE CHAUHAN, J. Ahmad Yar and 24 others (hereinafter called the plaintiffs) filed a suit against (i) Punjab Province, (ii) Divisional Canal Officer and (iii) Muhammad son of Bahawal for self and as a representative of shareholders of outlet R. D. 52481/R, Rajbah Jandokee, Tube Well No. 181, HFD/Tehsil Hafizabad, District Gujranwala (hereinafter called as defendants) challenging an order dated 30 10 1975 of defendant No. 2 whereby he transferred certain land of defendant No. 3 from their respective previous chakbandi in Tube Well No. 181/HFD to chakbandi of Tube Well No. 202/HFD and Tube Well No. 185/HFD as detailed in the plaint. In that suit the plaintiffs filed an application claiming a temporary injunction to restrain the operation of the impugned order till the decision of the suit. The application was accepted by the learned Civil Judge who by means of his order dated 20 1 1976 granted the temporary injunction prayed for. 2. The defendants filed an appeal which was accepted by the learned Additional District Judge who by means of his order dated 19 4 1977 set aside the order of the learned Civil Judge and held that it was not a fit case warranting issuance of any temporary injunction. 3. The plaintiffs filed a Civil Revision No. 389/1977 but without any success as the same was dismissed by a learned Single Judge of the Lahore High Court by means of his judgment and order dated 7 11 1978.…

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