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Suit No. 923 of 1980, decided on 14th December 1980.
‑‑ O. XXXIX, rr. 1 & 2‑Injunction, interim‑Plaintiffs applying for interim injunction restraining defendants from raising and/or continuing to raise any construction on plots opposite plaintiffs' house till final‑ disposal of suit‑Plaintiffs alleging area, where their own houses and disputed plots situated to be residential where construction could not be raised beyond two stories‑Defendants alleging to have obtained sanction of authority under Sind Building Control Ordinance, 1979 to construct a multi‑storeyed building as plots in consideration and to,; have invested huge amount in raising construction up to one storey‑ Defendants giving undertaking to demolish excess floors facing plaintiffs plots in case of decree being passed against them‑On consideration of questions of balance of convenience and irreparable injury, held, construction to be solely at risk and cost of contesting defendants and in case of adverse decree being passed such defendants bound to demolish constructions without claiming any compensation pending final disposal of suit not to part with possession or transfer by way of lease or in any other manner any of premises in building and suit to be set down for regular hearing within three months of framing of issues.‑[Injunction].
Yousuf Rafi, G. M. Qureshi, S. Nasiruddin and Mirza Yakoob Be for the Parties.
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