Law: Specific Relief Act, 1877

Section: 42,55

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Specific Relief Act (I of 1877)--- ----Ss.42 & 55---Civil Procedure Code (V of 1908), O.XXXIX, R.1 & 2---Suit for declaration and permanent Injunction---Application for temporary injunction was filed along with the suit praying. therein that the authorities may be temporarily restrained from converting the status of the park, which was dismissed by the trial Court and appeal was also dismissed by the appellate Court---Plea raised by petitioner was that the defendant/authorities were trying to change the status of the children park and they were to be restrained from such act---Validity---Record of the ease revealed that admittedly the open space had been allotted to the different persons, whereas on the other hand the authorities had submitted that, in fact, in the master plan the area in dispute had been shown as public park and was not liable to conversion---High Court directed the trial Court to dispose of the case expeditiously and ordered that status quo with regard to the land in question be maintained till the final order---Petitioner was disposed of accordingly. THIS ORDER PASSED BY: ALI AKBAR QURESHI, J.--- This revision petition is directed against the orders, dated 22-5-2008 and 5-9-2007, passed by the learned Courts below, whereby the application under Order XXXIX rules 1 and 2, C.P.C. filed by the petitioners was disallowed. 2. Precisely the facts as stated in the petition are that the petitioners filed a suit for declaration against the respondents, alleging therein that there is a public park/open space measuring 1 Acre 5 Kanals 18 Marlas and 4 Sarsai, specified for children park adjacent to the Workers Colony, Joharabad. Further contended that the petitioners, who are residents of Joharabad are entitled to use the said public park and the respondents have no authority to convert the status of the said open space/park. Along with the suit application under Order XXXIX rules 1 and 2 C.P.C. for interim injunctive order was filed. The suit as well as the application for interim relief was contested by the other side by filing the written statement. In the written statement it was contended by the respondents that the land in question was…

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