Law:

Section:

Specific Relief Act (I of 1877)---S. 42---Civil Procedure Code V of 1908), O.XXXIX, Rr. & 2---Interim injunction, . grant of Concurrent. findings of both the Courts' below--­Election to the office of Bishop was assailed by the plaintiff in a declaratory suit---Both the Courts below had refused to grant interim injunction against the defendant---Validity---Apparently the election could not be said to be proper, valid and in accordance with the provisions of the constitution of the Church of Pakistan---Plaintiff had though succeeded in establishing a prima facie or in arguable case as against the validity and legality of defendant being elected as Bishop and his entitlement to hold such office but no legal .entitlement of right of the plaintiff was violated so as no cause him irreparable loss. and requirement of balance of convenience was also not in favour of the plaintiff as the entire work of the office was being conducted by the elected Bishop and same would become stand-still---Plaintiff having failed to make out a case for grant of temporary injunction, both the Courts below -did not commit any irregularity or illegality in refusing to grant the temporary injunction in favour of plaintiff---Orders of both the Courts below did not require to be interfered with by High Court in revision. Marghub Siddiqui v. Hamid Ahmed Khan and 2 others 1974 SCMR 519; Karachi Bus Owners Association and 3 others v. Karachi Yellow Mini Coach Owners Association and 5 others 1994 CLC 606; Mrs. Shahzadi Baber v. Hina Housing Project (Pvt.) Ltd. and others 1994 CLC 1601 and Islamic Republic of Pakistan through Secretary, Establishment Division, Islamabad and others v. Muhammad Zaman Khan and others 1997 SCMR 1508 rel. Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar and Another PLD 1975 SC 678; Nasir Abbas v. Manzoor Haider Shah PLD 1989 SC 568; Haji Sher Muhammad v. WAPDA PLD 1988 Lah. 511; Balagamwala Oil Mills (Pvt.) Ltd. v. Shakarchi Trading A.G. and 2 others PLD 1990 Kar. 1; Agha Saifuddin Khan v. Pak Suzuki Motors Company Limited and another 1997 CLC 302 and Mst. Salmi Jawaid and 3 others v. S.M. Arshad and 7 others PLD 1983 Kar. 303 ref. JUDGMENT This…

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