Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S. 12(2)---Law Reforms Ordinance (XII of 1972), S. 3---Intra-Court appeal---Application for setting aside decree on ground of having been obtained by plaintiff by misrepresentation---Declaration granted by Trial Court was not against appellant but against Karachi Development Authority---Application for setting aside decree moved by appellant was dismissed by Trial Court--­Validity---Relief in suit having been granted against Karachi Development Authority would not be binding on appellant who was not a party thereto---Such relief would not affect rights of appellant, if any---Appellant however, had admittedly instituted suit, wherein right of easement and right to maintain his pipeline through land in question have been claimed--­Decree in question, did not affect rights of petitioner if such rights were available to him under law---Appeal being not warranted was dismissed in circumstances. Town Committee, Sujawal v. Hakim Murtaza Khan 1989 MLD 1955 ref. Qamar Abbas for Appellant. ORDER 1. Granted subject to all just exceptions. 2. This appeal has been instituted challenging the orders passed by a learned Single Judge in Chambers in J.M. No. 47 of 1994 moved by the present appellants under section 12(2), C.P.C. Briefly the facts relevant for the purpose of this appeal are that the present respondent No.1 had instituted Suit No. 606 of 1992 against the present respondents Nos. 2 and 3 for declaration, permanent injunction and possession. Though the suit was titled as above but the reliefs sought in the suit are as under: (1) Declaration that the defendant No.1 is a trespasser on suit plot of land bearing Survey No. 67 (old No. 1-A) Nai Malir, Deh Dih, Taluka and District Karachi East and measuring two acres and has no authority in law to enter and remain on the plot or undertake any sort of work therein which is calculated to injure the future possibility of the land so far as the plaintiff is concerned, (2) Mandatory injunction to restrain the defendant No.1 their servants, officers and person or persons claiming under or through them from entering upon the suit land and to give up…

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