2010 PLP 1142 (CLC)

MUHAMMAD KHALID MEHMOOD KHAN, J.

This civil revision has been preferred against the order dated 24-12-2009 passed by the learned Additional District Judge on application for interim relief whereby the learned appeal Court has restrained the respondents Nos.1 to 7 from interfering into working of remaining respondents as to the supply of electricity connection etc.

2. The petitioner has assailed the said order through the present petition.

3. Learned counsel for the petitioner contends that grant of interim order amounts to the passing of decree without hearing the parties.

4. Brief facts of the case are that Muhammad Ali Akbar son of Jamal Din filed a suit for declaration and permanent injunction against 11 respondents including the LESCO Head Quarter Office, SDO Sub Division Changa Manga and Line Superintendent Khudian Road Sub Division, Changa Manga, WAPDA colony Chunian, District Kasur, claiming that he is the owner of land in village Chunain Hithar. He applied to the LESCO authorities for installation of electric connection which is required to him for sucking water for cultivation of his land. The LESCO survey team inspected the site and approved the request of respondent and issued a demand notice No.888 on 9-6-2008. The respondent deposited the demanded amount for the electricity connection No.173330408701/19/025408. The LESCO team installed 4 and pols on 20-12-2009 and on 22-12-2009 they fitted steel rods on these pols. Respondents Nos. 1 to 7, were arrayed defendants as private respondents against whom the claim of petitioner is that these respondents have forcibly stop the work of installation of electricity connection at site after taking illegal possession of Government land. He claimed that due to non-installation of electric connection his crops are suffering and he will suffer irreparable loss if the connection is not ordered to be installed.

5. Along with the suit the plaintiff filed an application under O.XXXIX, rules 1, 2, C.P.C. The learned Civil Judge vide order dated 23-12-2009 dismissed the application holding that issuance of restraining order amounts to be the decree of suit without hearing the parties and in case of not granting the restraining order the petitioner will not suffer any irreparable loss.

6. The petitioner/plaintiff assailed the said order through an appeal and the learned appeal Court on 24-12-2009 passed the impugned order and issued notices to respondents for 4-1-2010.

7. The respondent/defendant No.1 assailed order dated 4-1-2010 through present revision petition.

8. Learned counsel for the petitioner contends that the order passed by the learned appeal Court is against law and facts. The same has been passed without notice to the petitioner who is the main affectee of the impugned order.

9. The learned counsel for respondent No.1 contends that impugned order is interim order and civil revision is not competent against interim order. He further contends that respondents being influential persons have encroached the Government land and are trying to cause loss to the petitioner who is in need of electric connection for his crops.

10. I have gone through the record and observed that the order passed by the learned appeal Court is without notice to the concerned parties but the same is of interim nature and the appeal will decide after hearing the parties, that the reason they have been summoned by the Court. The impugned order is of interim nature and this Court cannot interfere in the jurisdiction of learned trial Court for which he is fully authorized. It is also not proper that at this preliminary stage this Court examine the merits of the case. In my humble view this revision petition is not maintainable. The petitioner should approach the learned appeal Court who will decide the application for interim injunction after hearing both the parties in accordance with law. With these observations this petition is disposed of. A.R.K./F-11/L Order accordingly.