2008 PLP 737 (CLC)
Messrs DECENT MARBLE through Registered Attorney — Appellant Versus GOVERNMENT OF SINDH through Chief Secretary, Karachi and 5 others — Respondents
| Citation | 2008 PLP 737 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Messrs DECENT MARBLE through Registered Attorney — Appellant Versus GOVERNMENT OF SINDH through Chief Secretary, Karachi and 5 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2008 PLP 737 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 737 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 737 (CLC) (Messrs DECENT MARBLE through Registered Attorney — Appellant Versus GOVERNMENT OF SINDH through Chief Secretary, Karachi and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Manzoor Ahmed for Respondents Nos.2 and 3.
- Nemo for Respondent No.1.
Headnotes / Summary
O. XXXIX, Rr.1 & 2
Law Reforms Ordinance (XII of 1972), S.3
Contention of counsel for appellant was that number of authentic documents of title were placed on record by the appellant to show that actual area of two plots allotted to appellant was 2833.33 sq. yards; and that in such circumstances injunction application moved by the appellant should have been allowed to the extent of said area, but for no valid reason, Single Judge of the High Court had partly allowed such application to the extent of 200 sq. yards of said plots
Considering the material placed on record by the appellant, it had succeeded to make out a prima facie case for grant of injunction in its favour to the extent of 2833.33 sq. yards in respect of plots in question
Appeal was allowed.
Judgment & Decree
By this appeal under section 3 of the Law Reforms Ordinance No.XII of 1972 appellant Messrs Decent Marble has challenged the order, dated 17-4-2006 whereby their application under Order XXXIX, rules 1 and 2 read with section 151, C.P.C. being C.M.A. No.4041 of 2004 was granted by the learned Single Judge, but only to the extent of an area of 2000 sq. yards of Plots Nos.1D-9/1 and 1D-9/2, Street 6, Block-1, Qasba Metroville, Karachi.
2. The learned counsel of the appellant has vehemently contended that a number of authentic documents of title were placed on record by the appellant before the learned Single Judge to show that the actual area of the two plots allotted to the appellant was 2833.33 sq. yards and in such circumstances the injunction application moved by the appellant should have been allowed to the extent of that area but for no valid reason the learned Single Judge has partly allowed such application to the extent of 2000 sq. yards of these plots.
3. Mr. Manzoor Ahmed learned counsel for City District Government, Karachi on perusal of documents placed on record by appellant did not dispute this position, however, he contended that the authenticity and genuineness of these documents and other records produced by the appellant is yet to be proved by them and in such circumstances the learned trial Court may be directed to take into consideration all such documents placed on record by the appellant and decide the suit expeditiously.
4. The submission made by the learned counsel Mr. Manzoor Ahmed seems to be reasonable, but considering the material placed on record by the learned counsel for the appellant we find that the appellant has succeeded to make out a prima facie case for grant of injunction in their favour to the extent of 2833.33 sq. yards in respect of the plots referred above.
5. We accordingly allow this appeal and modify the order dated 17-4-2006 in the same terms with further directions to the learned Single Judge to proceed with the suit expeditiously.
6. Listed application also stands disposed of. H.B.T./D-17/K Appeal allowed.