Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1, 2---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and permanent injunction---Grant of stay order--Ingredients of---Ingredients necessary for grant of stay order were; whether there existed a prima facie case in favour of grant of stay; whether the refusal of injunction would result in irreparable damage or loss; and whether refusal of grant of injunction would result in inconvenience to the applicant--- Prima facie case would mean that whether applicant had established an arguable case or not---Irreparable damage or loss was that injury which could not be compensated in terms of coins---Principle of balance of inconvenience, denoted that the applicant would suffer more inconvenience in case of refusal of injunction than the respondent---In order to establish a prima facie case, the plaintiff was required to prove the same---Court, while assessing same, had to see whether an applicant had got a prima facie case and for that conclusion, the court was required to assess the merit of the case summarily and need not go into details---Mere apprehension would not constitute balance of inconvenience in favour of the applicant, because normally the balance lay in favour of continuation of status quo---Defendant in the present case had allegedly constructed a house over the suit property and if the injunction was issued, it would result in inconvenience to him and the inconvenience in case of refusal of stay, if measured, would be lesser than that of the defendant---Both courts below had acted legally while refusing exercise of discretionary power in favour of the plaintiff/applicant---Nothing illegal having been pointed out by the counsel for the plaintiff, impugned s of both the courts below needed no interference by the High Court in its revisional jurisdiction. ORDER ATTAULLAH KHAN, J.---The dispute between the parties is regarding issuance of stay order. 2. Plaintiff/petitioner filed a suit for declaration and permanent injunction on the ground that he is owner in possession of the suit property and an illegal mutation has been attested in favour of the defendants/respondents, which is…

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