Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3) read with Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2 Interim injunction ,Leave to appeal Granted to consider question whether Courts below had followed. principles laid down by Supreme Court for grant of interlocutory relief. ORDER DORAB PATEL, J. According to Mr. Awan, the first respondent is a welfare society which represents all the house holders and owners of land in the Rivaz Garden on Multag Road, Lahore. And, further according to the site plan shown to us by learned counsel, blocks of houses have been built under the scheme on Multan Road, but there is an open space separating the blocks of houses on Multan Road which Mr. Awan described as the gassy plot and we will refer to it in this order as the grassy plot. Turning now to the case of the petitioners, they were running a petrol pump on Multan Road, Lahore, outside the premises of the Rivaz Garden Scheme, but as the Lahore Development Authority widened Multan Road, it directed the petitioners to transfer their petrol pump from Multan Road to the grassy plot. The petitioners complied with this order after obtaining all the requisite sanctions and started operating their petrol pump. However, the residents of the Rivaz Garden Scheme objected to the transfer of the petrol .pump of the petitioners to the grassy plot, therefore, the 1st respondent filed a suit on their behalf in the Court of the Civil Judge 1st Class Lahore in which it sought a declaration and an injunction. The declaration sought eves that the Lahore Development Authority had acted illegally in leasing the grassy plot to the petitioners and the first respondent also sought a permanent injunction to restrain the petitioners from operating a petrol pump on the grassy plot. Together with the suit, the first respondent also sought an interim injunction, to restrain the petitioners from operating their petrol pump. By his order dated 3f 7 1978, the learned Civil Judge held that first respondent had failed to prove a good prima facie case and had also failed to prove that the balance of convenience was on its side. He, therefore, dismissed the application for an interim injunction. The…

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