Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.2 & 3---Interim injunction, grant of---Principles---Plot in dispute was declared commercial by Governing Body of Developing Authority after requisite consultation with relevant Agencies---Owners of plot in dispute after paying all charges acid obtaining "No-Objection Certificate" from Authority concerned raised commercial buildings on that plot and plaintiff/petitioner who, later on, had sought interim injunction had not raised any objection either to proceedings of declaring plot in dispute as commercial one or on raising commercial buildings on that plot---Owners raised building on their plot as per approved plan and plaintiff/petitioner had not raised any objection whatsoever for about two years and allowed the building to be constructed---Area in which building was constructed was commercial area and so many commercial high-' rise buildings were built in same area and in immediate neighbourhood of house of plaintiff/petitioner---Plaintiff/petitioner, in circumstances, could not be allowed to hold grievance against owners who had constructed building especially when in the same neighbourhood several high-rise buildings of nearly same height had been constructed without any objection from plaintiff/petitioner---Even otherwise, plaintiff/petitioner lived in a different society and long distance existed between disputed property constructed by owners and property owned by plaintiff/petitioner---Plaintiff/petitioner, in circumstances, could not contend that building raised by owners of building would obstruct light and air of plaintiff/petitioner---Plaintiff/petitioner, in circumstances, had no prima facie case, nor balance of convenience was in her favour---No irreparable loss was also likely to be caused in case of refusal of injunction ---Interim injunction could not be granted to plaintiff/petitioner, in circumstances. 1989 MLD 1966; 1989 MLD 2987; PLD 1983 Kar. 11; PLD 1982 Kar. 425; PLD 1996 Sindh Statutes 200; Abdul Razzak v. K.B.C.A. PLD 1994 SC 512; 1989 CLC 1936; 1989 CLC 2173; 1990 CLC 83; 1990 CLC 448; 1990 CLC 1842; PLD,1994 SC 512 and Multi Lines Associates v. Ardeshir Cowasjee 1995 SCMR 362…

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