Law:

Section:

Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2­Injunction, ad interim-Land in dispute allotted to respondent and respondent raising construction over it-Order of allotment challenged as having been made in respect of property belonging to petitioner-Interim injunction against respondent during pendency of litigation, in circumstances, held, not issued in improper exercise of discretion-Petition dismissed. Fakhruddin G. Ibrahim, Advocate Supreme Court instructed by Mohammad Ibrahim Memon, Advocate-on-Record for Peti­tioner. Nemo for Respondents. Date of hearing : 19th August 1970. ORDER WAHIDUDDIN AHMAD, J.-The dispute between the parties is in respect of plot of land No. 8 situated in the town of Kotri Mohammad Kabir which was granted to respondent No. 1 by the Deputy Commissioner. The petitioner challenged this order in appeal before the Commissioner and the same was set aside. The revision petition filed by respondent No. 1 was dismissed by the Board of Revenue. He then filed Civil Suit No. 119 of 1968 against respondent No. 1 for declaration that the property in dispute belongs to the Government. Along with the suit he also filed an application under Order XXXIX, rules 1 and 2, C. P. C. for interim injunction. This…

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