Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2,O.VII,r.11,S.151

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2,O.VII,r.11,S.151

Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 23

Specific Relief Act (I of 1877)-------Ss. 54 & 42---Civil Procedure Code (V of 1908), S.151 & O.XXXIX, Rr.1, 27--Karachi Port Trust Act (VI of 1886), S.3 & Sched. A---Qanun-e-Shahadat (10 of 1984), Art.129(e)-Suit for declaration and injunction---State land in possession of plaintiff as lessee of Provincial Government---Karachi Port Trust (KPT) as defendant claimed to be owner of suit-land for same falling within its limits---Demolition of boundary walls of suit-land by KPT---Application for temporary injunction and reconstruction of demolished walls---Validity---Presumption could be raised that official acts had been performed regularly---Pleas raised by parties would require deeper appreciation of evidence, which could be properly thrashed out at time of trial---Tentative assessment of material on record would show that plaintiff had a prima facie case---Balance of convenience was in favour of plaintiff---No irreparable loss would be caused to defendant, if injunction was granted, as loss,, if any, could be compensated in shape of damages---Application for interim injunction was accepted and plaintiff was allowed to reconstruct boundary walls to the extent of six feet height at his own cost. Muhammad Zahid Shah v. Province of Sindh and others Suit No.843 of 2004 ref. Abid S. Zuberi for Plaintiff. Ahmed Pirzada, A.A.-G. for Defendants Nos.1, 7, 8 and 9. Salman Hamid for Defendants Nos.2 and 3. Ms. Shamim Akhter for C.D.G.K. ORDER C.M.A. No.7112 of 2005 KHALID ALI Z. QAZI, J.--- This is an application under Order XXXIX, Rules 1 and 2, C.P.C. read with section 151, C.P.C. filed by the plaintiff. Through listed application plaintiff seeking interlocutory injunction restraining defendants Nos.1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 their subordinates, workers, officers, persons acting under or through them from interfering in any manner whatsoever with the peaceful physical possession, enjoyment, use and ownership of the plaintiff suit property bearing Nos.12, 13, 22, 23, 31, 32, 35, 36 each measuring 4 acres and Plot No.34, measuring 2 acres totalling 34 acres in all situated in K-28, Phase II, Trans Lyari Quarters, Karachi, situated on main Hawksbays…

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