Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2,O.XLI,Rr.5,33

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1, 2 & O.XLI, Rr.5, 33---Constitution of Pakistan (1973), Art.185(3)---First Appeal---High Court admitted appeal for regular hearing and directed maintenance of status quo in meanwhile---Validity---Supreme Court granted leave to appeal to consider whether an injunction could not be granted by High Court to stay proceedings of another Court, which was not subordinate to High Court. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- This appeal, by leave of the Court, is directed against order, dated 17-6-1998, passed by a learned Division Bench of the Lahore High Court, Multan Bench, in C.M. No.475 of 1998 in R.F.A. No.25 of 1998 whereby ad interim injunction already granted was confirmed. 2. The respondent No.1 instituted a civil suit for specific performance of an agreement, dated 27-8-1990 for the sale of the suit-land allegedly executed on behalf of the legal heirs of Mst. Jan Begum alias Janu for a consideration of Rs.4,70,000 out of which a sum of Rs.70,000 was allegedly paid as earnest money in two instalments. The civil suit was dismissed by the trial Court, by judgment and decree dated 12-3-1998. The respondent No.1 filed R.F.A. No.25 of 1998 in the Lahore High Court, Multan Bench along with an application C.M. No.1/C of 1998 for grant of temporary injunction. The Lahore High Court, by order, dated 26-3-1998, admitted the appeal for regular hearing and directed maintenance of status quo in the meanwhile. The appellants moved C.M. No.475 of 1998 for clarification of the said order which was dismissed by the Lahore High Court, Multan Bench by the impugned order, dated 17-6-1998 whereby injunctive order, dated 26-3-1998 was confirmed. 3. Leave to appeal was granted by this Court on 17-11-1998 to consider whether an injunction could not be granted by the High Court to stay the proceedings of another Court which was not subordinate to it. 4. The learned counsel for the appellants argued that during the pendency of the civil suit, the Tehsildar/Assistant Collector, First Grade, by order dated 3-11-1993, had directed the ejectment of Nasir Khan son of the respondent No.1 from the suit-land. However, the possession…

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