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NAZIR AHMAD versus A BDUL QAYYUM BHATTI


Article 185 (3) Civil Procedure Code (v. 1908), O XXXX, r 1 Interim injunction denying the law There is no serious question of law involvement, Supreme Court denies interference, refused leave of appeal

1985 S C M R 634

Present: Aslam Riaz Hussain and Shafiur Rahman, JJ

NAZIR AHMAD‑‑Petitioner

versus

ABDUL QAYYUM BHATTI and others‑‑Respondents

Civil Petition No. 386 of 1980, decided on 10th August, 1981.

(Against the order, dated 10th February, 1980 of Lahore High Court in Civil Revision No. 163 of 1980).

Constitution of Pakistan (1973)‑‑

‑‑‑Art.185(3)‑‑Civil Procedure Code (V of 1908), O.XXXIX, r.1‑‑Refusal to grant interim injunction‑‑No serious question of law being involved, Supreme Court declined to interfere‑‑Leave to appeal refused.

Iftikhar Ahmad Dar, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 10th August, 1981.

JUDGMENT

ASLAM RIAZ HUSSAIN, J

.‑‑ The facts giving rise to the present Petition are briefly, that Nazir Ahmad, petitioner, filed a suit for declaration and permanent injunction against the respondents, which is still pending ire the Court of Senior Civil Judge, Gujrat. Along with the plaint he filed an application for grant of temporary injunction. Initially, the learned Senior Civil Judge passed a status quo order in petitioner's favour, but subsequently on 30‑10‑1979, he vacated the same. The petitioner filed an appeal against the refusal of the interim relief by the learned Senior Civil Judge, which was dismissed by the learned District Judge, Gujrat, on 2‑2‑1980. The petitioner filed Civil Revision against this order in the High Court, which too, was dismissed in limine by a learned Single Judge of the High Court.

Hence the present petition.

2. We, have heard the learned counsel for the petitioner and,, considered the facts of he case. We do not think this a fit case for interference with the orders of the courts below in refusing to grant interim relief to the petitioner, specially when it has not been shown that it involves any serious question of law. The petition is, therefore, dismissed.

M.I. Petition dismissed.

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