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Civil Petition for Special Leave to Appeal No. 127 of 1985, decided on 20th February, 1985.
(Against the order of the Lahore High Court, Lahore, dated 2‑12‑1984, passed in Criminal Revision No. 1602/1) of 1984).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), O. XXXIX, r. 1 Temporary injunction‑‑Grant of‑‑Courts below refusing to grant temporary injunction‑‑Supreme Court declined to interfere with exercise of judicial discretion by Courts below in interlocutory matters.
S.A. Saeed, Advocate Supreme Court instructed by M.A. Qureshi, Advocate‑on‑Record for Petitioner.
Mr. Zaman, Advocate Supreme Court with S. Abid Nawaz, Advocate‑on‑Record for Respondent.
Date of hearing: 20th February, 1985.
Mst. Shamshad Begum seeks leave to appeal against the order of the learned Single Judge of the High Court, dated 2‑12‑1984, dismissing her civil revision.
2. The petitioner filed a suit for perpetual injunction against the respondent in the Court of learned Civil judge, at Lahore, and also prayed for a temporary injunction through ‑an application under Order XXXIX, rules 1 and 2 read with section 151 of the C.P. C. praying that the respondent (L.D.A.) may be restrained from demolishing her house during the pendency of the suit. The application for grant of temporary injunction was argued before the learned trial Court and was dismissed vide order, dated 7‑5‑1984. She filed an appeal against it before the District Judge, Lahore, which was dismissed on 22‑7‑1989. She then filed a revision petition before the High Court which too, met the same fate.
Hence the present petition.
3. We issued notice to the respondent and after hearing learned counsel for both the parties at some length we do not consider it a fit case for interfering with the exercise of its judicial discretion by the Courts below in an interlocutory matter. The petition is, therefore, dismissed.
M.I Petition dismissed.
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