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Civil Revision Application No.94 of 1978, decided on 26th March, 1986.
---S.115 & O.XXXIX, Rr.1 & 2--Temporary injunction--Dispute over possession of plot--Temporary injunction granted by Trial Court vacated by Appellate Court--Revision application pending in High Court since 1978 and no progress made in suit is record was called at time of admission of revision application--Revision application in circumstances allowed, orders of Appellate Court as well as Trial Court were set aside by consent of parties and case sent back to Trial Court for fresh decision on application under O.XXXIX, Rr.1 & 2,C.P.C.
Mirza A. Rashid for Applicant.
Shabbir Kizilbash for Respondent.
Date of hearing: 26th March, 1986.
This Revision Application is directed against the order of first appellate Court whereby the temporary injunction granted by the trial Court was vacated and the application under Order 39 Rules 1 and 2 C P C was dismissed. This Revision Application is pending since 1978 in this Court and no progress could be made in the suit as the record was called for in this case at the time of admission of this Revision Application. Learned counsel for the applicant contends that his client is in possession of documents issued by the Defendant/ Respondent wherein his possession over the plot in suit has been admitted whereas the respondent has denied physical possession of the petitioner over the plot and it is further contended that the one in dispute is an amenity plot which could not be allotted to any one. In view of controversy of the parties with regard to physical possession over the plot I allow this Revision Application and set aside the orders of the first appellate Court as well as trial Court by consent of the parties and send back the case to the trial Court (i. e. Civil Judge No.9 Karachi East) for decision afresh of the application under order 39 Rules 1 and 2 C P C filed by the Plaintiff /Petitioner before the trial Court. The parties will be at liberty to file such further documents in support of their respective contentions as they desire. As there was an interim order of status quo passed by this Court on 8-4-1978 the same will remain in force until 20th April, 1986. The parties are directed to appear before the trial Court (Civil Judge Karachi East) on 8th April, 1986 on which date the trial Court may either hear the application or may allow the parties an opportunity to file further documents but in any case hearing shall be concluded before 20th April, 1986. There will be no order as to costs in the circumstances of the case. In view of the fact that the suit was instituted in the year 1971, the trial Court will make every 'effort to dispose of the main suit as expeditiously as possible.
S.Q./N-22/K Petition allowed.
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