Law: Law Reforms Ordinance, 1972

Section: 15

Law: Law Reforms Ordinance, 1972

Section: 15

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Law Reforms Ordinance (XII of 1972), S.3---Intra-­court appeal---Ad interim injunction---Undertaking of defendant---Plaintiffs assailed construction of gas station by defendant in a residential area on many grounds and .sought restraining order against defendant---High Court, in view of the undertaking given by defendant, did not restrain defendant from construction of gas station but directed him not to operate the gas station till final decision by court---Validity---Order passed by Single Judge was balanced order as the defendant also undertook that in case decision of court was otherwise, he would dismantle and demolish the construction etc. made by him for the purpose of gas station---Rights and interests of plaintiffs were totally secured and there was no fault or illegality in the order passed by Single Judge of the High Court, which order was passed in order to accommodate and safeguard interest of both the parties---Division Bench of High Court declined to interfere in the order passed by Single Judge---Appeal was dismissed in circumstances. 1995 SCMR 753 rel. Muhammad Zahid Khan for Appellants. Sarwar Khan, A.A.-G. Iqbal Memon for K.B.C.A. Munawar Hussain for Respondent No.8. ORDER SYED PIR ALI SHAH, J.--- Through this appeal under section 15 of the Ordinance X of 1980 of Law Reforms Ordinance, 1972, order, dated 19-6-2007 passed by learned Single Judge of this Court in Suit No.382 of 2007, has been assailed by the appellants. Brief facts of the case are that the appellants are the residents of a residential area in P.E.C.H.S., Block-2, Karachi, which is comprising bungalows and flats. However, some of them have been occupied for school purposes, viz. Karachi Academy situated at Plot No.140-B, Block-2, P.E.C.H.S. where at least 300 children are getting education and the other Nakhla School at Plot No.141-C in the same area, where Approximately 300 children are getting education. The case of the appellants is that respondent No.8 has proposed to run a C.N.G. Station and petrol pump at Plot No.140-A, Block-2, P.E.C.H.S., Allama Iqbal Road, Karachi. The building is situated at Plot No.141-A in which…

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