Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115 & OXXXIX, R.4---Temporary injunction, grant of ---Vacation--­Revisional jurisdiction---Exercise of---Appellate Court after applying judicial mind to legal and factual aspects of matter and keeping in mind prerequisites for grant of temporary injunction, set aside order of trial Court granting temporary injunction and vacated same giving sound reasons---Appellate Court in vacating temporary injunction granted by trial Court having exercised jurisdiction vested in it by law, such discretion exercised by appellate Court, could not be interfered with in revisional jurisdiction of High Court especially when no illegality or material irregularity had been pointed out. Latifur Rehman for Petitioner. Muhammad Ali Mazhar for Respondent No.l ORDER This revision petition is directed against the judgment dated 6-4-1993 passed by the Ist Additional District Judge, Karachi East; whereby he allowed the Miscellaneous Appeal filed by the respondent No.l and set aside the order dated 8-7-1992 of IVth Senior Civil Judge, Karachi East. The facts leading to the filing of the above revision are that the petitioner filed suit for declaration, cancellation of document and permanent injunction against the respondent. It is the case of the petitioner that a piece of land measuring 15.82 Sq.Yds. adjacent to the left side of the petitioner's House No.22 located in Roshan Colony, Soldier Bazar No.3, Karachi East, was lying vacant since the existence' of the Roshan Colony which was under the common use by its inhabitants for passage. Subsequently the said piece of land was used by the Sui Gas Authority and laid down a main sui gas pipe line for supply of gas connection to the locality. The case of the petitioner is that the respondent No.1 after encroaching the said piece of land applied for regularisation of possession over the said vacant piece of land through application dated 24-9-1990 with the respondents Nos.2 and 3 by showing his possession over the said piece of land. The respondent No.2 regularised the same vide Resolution No.92 dated 20-8-1991. The petitioner sought declaration and claimed that the respondent No.l be restrained…

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