Law:

Section:

Civil Procedure Code (V of 1908)-------OXXXIX, R.2 (3)---Violation of consent interim order ---Effect--­Respondents against whom consent interim order was passed by Court prima facie had violated same---Action under O.XXXIX, R.2 (3), C.P.C. could be taken against respondents for disobedience of said order. A.I. Chundrigar for Petitioners. S.H. Kizilbash for Respondent No.2. I.H. Zaidi and Mehfooz Yar Khan for Respondents Nos. 1 and 3. ORDER MAMOON KAZI, J.--By Civil Miscellaneous Appeal Nos. 6467/93 and 1618/93 the petitioners seek action under Order 39, Rule 2 (3) read with section 151, C.P.C. as, according to the petitioners, the respondents Nos.2 and 3 have violated the consent order passed by the Court dated 3-6-1992. It may be pointed out that a petition had been filed by the petitioners to restrain the respondent No.l from raising further construction on plot No. D-144 situated in Block 5, KDA Scheme No.5,. Clifton, Karachi, as the said respondent was raising construction in violation of approved plan and the relevant Building Control Regulations. During the pendency of the petition the property was sold by respondent No.l to respondent No.3 and, therefore, the said respondent was also impleaded as a party to the petition. This petition was finally disposed of by a consent order dated 3-6-1992, reference to which has earlier, been made in this order. As is evident from the said order the petition was allowed in terms of the prayers made therein as follows:-- (a) Restrain Respondent No.l (Respondent No.3) her servant, employee, agents or any person acting through or under her from raising further construction on the said Plot D-144 and or handing over possession of the construction or any part thereof to any person, body or organisation whether incorporated or not. (b) Direct that Respondent No.l (Respondent No.3) demolish all illegal constructions already raised on the said Plot D-144 i.e. there being no basement which has been erected in accordance with the plan approved by Respondent No.2 and, therefore, all constructions have become illegally erected, at least the 2nd floor, since only ground plus one is allowed. (c) Order that Respondent No.2 should…

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