Case Details

Citation(s)
1995 SLG 1243 1995 SLD 1243 1995 CLC 2020
Peshawar High Court
Civil Revision No. 70 of 1995, decision dated: 6-07-1995
MIAN MUHAMMAD AJMAL, J

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Mst. HAMIDA AKHTAR

VS

NAZIR MUHAMMAD and 2 others

Law:

Section:

(a) Civil Procedure Code (V of 1908)-------Ss. 94, 58 & O. XXXIX, R. 2(3)---Ad interim order ---Effectiveness--­Violation of---Remedy---Ad interim order on its issuance would at once become effective and operative---Such order would not require to be executed in any formal manner---Party against whom temporary injunction was issued, on gaining knowledge of the same, if disobeyed it; could be committed to civil prison and its property could be attached and sold under S. 94(c) and OXXXIX, R. 2 (3), .C.P.C.---Defendants having violated order of status quo, could be proceeded against under said provisions of law and could not be allowed to perpetuate and to take benefit from their illegal action---Status quo order though was discharged later on but for the period during which same remained operative and was breached, person violating the same could be proceeded against---Securing compliance and execution of order of injunction and punishing a person for violation of injunction order were altogether different matters---Compliance and execution was regulated by S. 58, C.P.C. whereas latter- was regulated by OXXXIX, R.2 '(3), C.P.C.---Entire construction by defendants having been made by outrageously disregarding order of status quo by them, deliberately, they would have to remove unlawful construction and have to restore the original position as existed on the day when order of status quo was, issued---Defendants' failure to remove superstructure within two months, would render them liable to be sent to civil prison for one month and property in question would stand attached for securing compliance and execution of High Court's order. 1989 SCMR 130 and Bakhtawar and others v. Amin and others 1980 SCMR 89 ref. (b) Civil Procedure Code (V of 1908)--- ----O XXXIX, Rr. 1, 2 & S. 115---Ad interim stay order---Trial Court initially granted stay order but subsequently recalled the same---Appellate Court maintained order of Trial Court---Validity---Plaintiff having purchased land in question from co-sharer had a good prima facie case with balance of convenience in her favour she was entitled to temporary injunction firstly for having interest and concern in property…
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