Law: Civil Procedure Code (V of 1908)

Section: S.115,O.XXXIX,r.1,2

Law: Civil Procedure Code (V of 1908)

Section: S.115,O.XXXIX,r.1,2

Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.1 & 2---Temporary injunction---Ingredients---Failure to prove---Effect---Plaintiff filed suit for permanent injunction, restraining defendants from installing electric pole in the land of the plaintiff---Application under O.XXXIX, Rr.1, 2, C.P.C. had also been filed for temporary injunction---Contention of the plaintiff was that electricity poles and transformer in front of his house were got installed on the payment made by him and he had become exclusive owner of the same therefore without his consent further supply could not be given to the defendants---Trial Court disposed of case of the plaintiff by observing that defendants would be entitled to install new pole of electricity subject to payment of compensation to plaintiff---Appellate Court on appeal dismissed the same filed by plaintiff and allowed the appeal filed by the private person (respondent)---Validity---All the installations were belongings of the Electric Company/authorities, therefore, the version of the plaintiff that he was exclusive owner of transformer etc.; had rightly been repelled by the Appellate Court---Electric Supply Company had authority to install the poles for supply of electricity, which was basic necessity of life nowadays, to' every citizen---Plaintiff could not establish as to what irreparable loss would be caused to him if defendants would install the electricity poles in his land---Installation of poles would not deprive plaintiff from the piece of land if these were installed on his land for supply of electricity to the residents of the surrounding area nor the plaintiff would suffer any inconvenience---High Court declined to interfere and petition was dismissed in limine. Malik Fida Hussain Khokhar for Petitioner. JUDGMENT HAFIZ ABDUR REHMAN ANSARI, J.--- Through this civil revision under section 115, C.P.C., petitioner Allah Bakhsh son of Muhammad Yar, seeks setting aside of the judgment dated 10-6-2009 passed by learned Civil Judge, Multan, whereby the suit of the petitioner has been disposed of, and judgment dated 12-10-2009 of the learned Additional District Judge, Multan dismissing the appeal of the petitioner…

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