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Civil Petition for Leave to Appeal No. 200 of 1976, decided on 26th April, 1982.
(On ‑appeal from the judgment of the Lahore High Court in C. R. 1520/75, dated 22nd December, 1975).
Civil Procedure Code (V of 1908)‑
‑‑ O. XXXIX, rr. 1 & 2‑Injunction, temporary‑Trial court refusing to grant temporary injunction in a suit for perpetual injunction and such order affirmed by all Courts up to High Court‑Interference with such order declined‑Constitution of Pakistan (1973), Art. 185 (3).
S. Abid Nawaz Abid, Advocate‑on‑Record for Petitioner.
Date of hearing : 26th April, 1882.
‑The petitioner seeks Leave to Appeal against the order of the High Court, dated 22‑12‑1975, dismissing his Civil Revision in an interlocutory matter.
2. The facts briefly are that the petitioner filed a suit for perpetual) injunction against the respondent for restraining him from raising the height' of the walls of his shop and thus depriving him use of the shop's roof. Along-with the suit he also filed an application under Order XXIX, rules 1 and 2, C. P. C. for interim injunction which was dismissed by the learned trial Court. He then filed an appeal against it which was dismissed by the Additional ‑District Judge on 28‑10‑1975. Feeling aggrieved he filed a revision A petition against the said order before the High Court which too was dismissed vide the impugned order.
3. We have heard the learned counsel for the petitioner. No good ground has been made out for interference with the impugned order in an interlocutory matter. The petition is, therefore, dismissed.
Petition dismissed.
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