Law:

Section:

Civil Procedure Code (V of 1908)--O.XXXIX, Rr. 1 & 2---Constitution of Pakistan (1973), Art. 185(3)---Grant of interim order by Courts below---Defendant's grievance was that while restraint had been imposed upon him in the matter of alienation of property, plaintiff should have been called upon to deposit or guarantee the balance amount due as price of the land---No absolute restraint existed on defendant in making such a request to Trial Court as that aspect of the matter had not been considered by it in the interim order that had been passed---If there was inordinate delay in disposing of the suit 'itself then also such a request can be made with a view to seek suitable alteration in the interim order---Parties were at all times entitled on cause being shown to get appropriate amendment in the interim order---Case being not fit for grant of leave to appeal, leave to appeal was refused in circumstances. ORDER SHAFIUR RAHMAN, J: --The petitioner seeks leave to appeal against an order of the High Court dated 15-7-1992. 2. There existed an agreement to sell dated 27-6-1989 whereunder the appellant had undertaken to sell 56 Kanals 14, Marlas of agricultural land situated in Village Nangal Sadhan, Tehsil Ferozewala, District Sheikhupura: The respondent instituted a civil suit claiming specific performance of it. Pending the decision in the suit he sought interim relief by an application under Order XXXIX, Rules 1 and 2, C.P.C. praying as hereunder:- "The respondent may be restrained from alienating, gifting, selling, transferring the suit land and from raising any construction thereon, in any way, whatsoever. The respondent may also be restrained from changing the nature and complexion of the suit land in any way whatsoever, while granting ad interim injunction, status quo qua the suit land may kindly be ordered to be maintained." 3. This application was contested by the petitioner but was allowed by the trial Court on 28-4-1991. Aggrieved by this order, the petitioner approached the District Judge. The Additional District…

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