Law:

Section:

2000 SCMR 460 [Supreme Court of Pakistan] Present: Khalil-ur-Rehman Khan, Munir A. Sheikh and Wajihuddin Ahmed, JJ SALEEM-UD-DIN and another---Appellants versus MUNICIPAL COMMITTEE, TANDO ALLAHYAR through Administrator and 5 others---Respondents Criminal Appeal No. 168 of 1996, decided on 5th November, 1999. (On appeal from the /order dated 29-5-1996 of the High Court of Sindh, Circuit Court at Hyderabad passed in C.M.A. No. 810 of 1995 in C.P. No.D-356 of 1995). (a) Civil Procedure Code (V of 1908)--O. XXXIX, Rr.1, 2 & 3---Constitution of Pakistan (1973), Art.199--­Constitutional jurisdiction of High Court under Art.199 of the Constitution---Scope---Punishment for violation of order passed by High Court for maintenance of status quo with order that accused be detained in prison for a term of six months until they demolished the unauthorised construction themselves and pay compensation to the tenants, if any--­Validity---High Court was empowered to issue temporary injunction in such proceedings under O.XXXIX, Rr.1 & 2, C.P.C. and also vested with the power to impose penalty under O.XXXIX, Rr.2 & 3, C.P.C. for violation thereof. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others PLD 1970 SC 1 ref. (b) Civil Procedure Code (V of 1908)--- ----Ss. 104 & 106, O.XXXIX, Rr.l, 2, 3 & O.XLIII, R.I(r) --- Constitution of Pakistan (1973), Arts.185 & 175---Appeal to Supreme Court--­Competence---Punishment for violation of order passed by High Court for maintenance of status quo with order that accused be detained in prison for a term of six months until they demolished the unauthorised construction themselves and pay compensation to the tenants, if any---Supreme Court was vested with the jurisdiction to entertain and hear appeals provided under any law. Section 104, C.P.C. read with Order XLIII, Rule 1(r), C.P.C. provides that appeal lies against such an order and by virtue of section 106, the same would lie before the Court where the appeal in case of decree of the Court passing the order would be competent, as such the appeal before Supreme Court is maintainable against the order of High Court against the punishment awarded to…

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