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Civil Petition for Special Leave to Appeal No. 8‑P of 1970, decided on 6th March 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 4th December 1969, in Civil Revision No. 168 of 1969).
Art. 58(3)‑Petition for Leave to Appeal not pressed due to satisfactory undertaking given by opposite‑party‑Petition dismissed.
M. Sirjees Nagi, Advocate‑on‑Record Supreme Court for Petitioner.
M. Saleem Chaudhary, Advocate Supreme Court instructed by Fazle Hussain, Advocate‑ on‑Record for Respondent.
Date of hearing : 6th March 1970.
‑This petition for special leave to appeal is directed against the order of a temporary injunction granted to the respondent under Order XXXIX, rules 1 and 2 and section 151 of the Civil Procedure Code, by the Courts below, restraining the petitioner from interfering with the removal of the sand by the respondent from a quarry in Lawrencepur area without payment of price, subject to his furnishing security in the sum of Rs. 5,000. This order was made in the respondent's suit for a permanent injunction for the same relief which is pending in the Court of an Administrative Civil Judge, Campbellpur.
A notice was issued to the respondent who is represented by his learned counsel, Ch. Muhammad Saleem, who has stated before us that the respondent undertakes to pay the royalty on the sand that may be removed by him from the quarry in question, during the pendency of the suit at the stipulated rate of Rs. 3 per truck, which will be regularly deposited by him in the Govern ment treasury in the name of the petitioner. He further under takes that the respondent shall maintain regular account of the quantity of sand which may be removed by him from the quarry and that a copy of the statement of account shall be regularly furnished to the petitioner every fortnight.
In view of this undertaking, the learned counsel for the petitioner does not press this petition, which is, therefore dismissed.
Leave refused.
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