Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 155 & O.XXXIX, Rr. 1 & 2--Grant of temporary injunction--College canteen--No complaints--Mechanical manners--Status quo--Maintain till final disposal--Principle--Held: Petitioner had been running the college canteen for the last 36 years without any complaint, regularly paying rent without any default, shown to have invested substantial amount on running the canteen--Trial judge had given valid and cogent reasons for accepting application and granting temporary injunction--Appellate Court had not resorted to mandatory provisions of said order and dealt with the matter in a mechanical manner without application of judicial mind. [P. 126] B Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXIX, Rr. 1 & 2--Temporary injunction--Principle--Granting or refusal of injunction--Determination--Whether the plaintiff has made out a prima facie good legal case, secondly whether the balance of convenience lies in favour of the grant of injunction and thirdly, whether the plaintiff will suffer irreparable loss of the injunction is refused--Revision accepted. Judgment Canteen contractor Sajjad Ahmad, petitioner was issued notice dated April, 23 2005 calling upon him to withdraw business, due to planned developments for the new session 2005-06 and a change of College routine and making new arrangements for catering on the college campus. 2. The petitioner feeling aggrieved thereby, challenged the action of college authorities by filing suit in the Court of Senior Civil Judge, Peshawar with prayer that respondent be restrained to ask the petitioner to discontinue his business or evict him from the premises. Alongwith the suit, an application for the grant of temporary injunction, in the above lines, was also moved. The application having been opposed was accepted by order dated 7.12.2005 passed by learned Civil Judge, Peshawar and status quo was ordered to be maintained for six months or till final disposal of case which ever come first. An appeal was preferred thereagainst which came up for hearing before learned Additional District Judge, Peshawar. Vide judgment dated 17.1.2006 the appeal was accepted, order of the…

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