Law:

Section:

Civil Procedure Code (V of 1908) --- O. XXXIX, r. 1 Injunction, temporary Issuance of temporary injunction Discretionary with Court Plaintiff failing to establish legal character and his allotment of quarter in dispute not absolute but subject to cancellation without claim or compensation in case appeal by another in respect of same quarter accepted Appeal having been accepted and even otherwise Settlement Commissioner having ordered quarter in dispute not to be allotted to any one pending decision of appeal, question whether quarter could be allotted to petitioner doubtful Contentions of plaintiff regarding .non eligibility of his opponent to transfer of quarter, held, negatived and petitioner as such not entitled to grant of temporary injunction ORDER NASIM HASAN SHAH, J. This is a petition for leave to appeal against the order dated 19 2 76 of the Lahore High Court dismissing Civil Revision No. 156 of 1976 calling in question refusal of temporary injunction to the petitioner by the Courts below. The dispute pertains to a quarter which was allotted to respondent No. 4 on 1 9 1956 and subsequently cancelled from his name. During the pendency of his appeal, which was later accepted, this very quarter was conditionally allotted to the petitioner. Against the acceptance of appeal the petitioner filed a revision before the Government which was accepted and respondent No. 4 thereupon instituted Writ Petition (No. 1015 of 1963) and succeeded in getting the case remanded. The revision petition of the petitioner was dismissed on 13 2 1975 by respondent No. 2 after which he instituted the civil suit, out of which the present proceedings have arisen for a declaration that the cancellation of the allotment from his name was illegal, void and inoperative, the main ground of attack being on the ineligibility of respondent No. 4 to the allotment of the quarter in his favour. A temporary injunction was also sought from the civil Court which was refused and an appeal there from also failed on the ground that the petitioner neither had a prima facie case nor any irreparable lose would accrue to him if the stay order was not granted. In the High Court the petitioner mainly…

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