Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.l & 2---Law Reforms Ordinance (XII of 1972), S.3---Ad interim injunction---Earlier suit between the parties was disposed of by compromise of parties---Respondents as per terms of compromise had offered to accommodate applicants but applicants failed to avail of such offer on ground that terms offered were not acceptable to them---Applicants' application giving rise to present appeal related to matter forming part of earlier suit which was disposed of by compromise of party---Respondents had also given undertaking that they were abiding and would abide by the terms of compromise---There being no substance in appeal same was dismissed in circumstances. ORDER SYED HAIDER ALI PIRZADA, J---This appeal is directed against the order of a learned Single Judge of this Court dated 2-12-1992 passed in Suit No. 719/92 whereby he dismissed the application of the applicant moved for injunction under Order 39, Rules 1 and 2, C.P.C. Briefly stated, the facts giving rise to this appeal are that the appellants filed Suit No. 719/92 for declaration and injunction against the respondents as they are running a School at Plot No.X-30/11, 19th Street, Phase-I, Defence Housing Authority, Karachi. It is the case of the appellants that they were granted 99 years lease of the plot on which they raised construction and started running a school known as Model Public School. Respondents threatened to close this school. Appellants, therefore, filed Suit No. 362/1989 and the respondents agreed to provide accommodation for the plaintiff/appellant for a school at reasonable rate and, therefore, the matter was compromised on 15-5-1989 and the suit was disposed of accordingly. According to the appellant the respondents did not act in accordance with the consent order and they again threatened to close down the school. They offered a plot far away from the appellant's school at an exorbitant rate of Rs.1,500 per sq. yard. We have heard learned counsel for the petitioner and also learned counsel appearing for the respondents. According to the learned Single Judge the application moved before him related to a matter forming part of the earlier…

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