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KAMAL DIN versus MUHAMMAD HUSSAIN


Amendment to the Civil Procedure Code Order XXIX's provisional injunction and interlocutory injunction A XXXIX, rr l, 2, and amendment against the section 115 interim injunction restraint were accepted and the case was filed as soon as the defendant's lawyer's statement The case was remanded to court for settlement.

1985 M L D 1012

[Lahore]

Before Ijaz Nisar, J

KAMAL DIN and others--Petitioners

versus

MUHAMMAD HUSSAIN--Respondent

Civil Revision No. 1229 of 1983, decided on 17th December, 1983.

Civil Procedure Code (V of 1908)--

---O. XXXIX, rr.l , 2 and S.115--Interim injunction--Revision against- Revision against interim injunction accepted and case remanded to trial Court with direction for expeditious disposal in view of statement of counsel for respondent.

Ch. Muhammad Rafiq for Petitioner.

Qazi Abdul Hayee for Respondent No.l.

ORDER

The respondents filed a declaratory suit challenging the order, dated 13-11-1982 of the Divisional Canal Officer, Gugera Division, Faisalabad. Alongwith the suit an application for interim injunction was also moved. The learned Additional Administrative Civil Judge, Faisalabad granted the said application, vide his order, dated 3-3-1983 and directed the respondents to restore the Khal in dispute. The said order was appealed against by Kamal Din etc. petitioners which was dismissed by Mr. Pervaiz Ahmad, learned Additional District Judge, Faisalabad on 25-6-1983.

2. Kamal Din etc. petitioners have challenged the orders of the Courts below by filing the present revision.

3. Qazi Abdul Hayee, Advocate for respondent No. 1 has no objection to the acceptance of the revision, provided a direction is issued to the trial Court for an expeditious disposal of the main suit in accordance with law.

4. The learned civil Court shall try to dispose of the case as far as possible by the end of April, 1984.

5. In view of the above statement of the learned counsel for the respondents the revision is accepted and the impugned orders are set, aside. The parties are left to bear their own costs.

H . B . T .

Revision accepted.

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