1984 PLP 416 (MLD)

No.57, para. 4--Contention that proceedings having become infructuous and contempt application as well as suit pending before Civil Judge should be deemed to have abated by virtue of para. 4 of M.L.R. 57--Held, plea should be raised before trial Court who was competent to decide facts of case in light of M . L. R .

57. Muhammad Hatif Khudai for Applicant. Sabir Hussain Qazilbash for Respondents. The applicant has filed the above application praying that the respondents be punished for contempt of the Court as they have contravened the order of this Court, dated 6th November, 1979.

2. The facts of the case are that the applicant had filed a suit before Senior Civil Judge, Karachi for declaration and injunction in respect of a plot of land measuring 62 Acres 33 Ghuntas situated in Deh Okeywari, Tappo Songal, Taluka Karachi. Alongwith the suit the applicant had also filed application for injunction under Order XXXIX, C.P.C. The learned Senior Civil Judge dismissed the application and simultaneously also rejected the plaint under Order VII, rule 11, C.P.C.

3. The applicant then filed an appeal against the above order before the District Judge which was dismissed by VII Additional District Judge, Karachi. The applicant then filed revision application in this Court which was allowed by order, dated 6th. November, 1979 as stated above and the case was remanded to Senior Civil Judge for proceedings according to law. It was further directed that the injunction application filed before the Senior Civil Judge, shall be deemed to be pending and be decided according to law and that till then status quo shall be maintained.

4. During pendency of the revision application in this Court an interlocutory order was also passed. The applicant had made a contempt application regarding contravention of that order against the respondents. But the application was dismissed on the same date when the main revision application was decided i.e. on 6th November, 1979.

5. Now the applicant has filed this fresh application for contempt in which it is alleged that after decision of this revision on 6-11-1979, the respondents have again committed breach of the status quo order by starting development work on the plot in dispute. During argument on this application, Mr. Muhammad Hatif Khudai; learned counsel for the applicant admitted that the injunction application which was pending before the learned Senior Civil Judge has since been decided in his favour and the respondents have been restrained from disturbing the possession of the applicant on the plot in dispute.

6. In view of the above statement of the learned counsel, the question of contempt of this Court now has become only of academic interest. The respondents are bound to obey the injunction order passed by the trial Court. Moreover, two affidavits have already been filed by Officers of the respondent that they are not making any development work on the plot in dispute, nor have they attempted to disturb the status quo so far as the plot in dispute is concerned, during the period the injunction order was effective. In view of these affidavits and the injunction order passed by the Senior Civil Judge, it is not necessary to take any further action on the present contempt application which is dismissed.

7. Mr.Sabir Hussain Qazilbash has also relied on M.L.R. 57 in support of his plea that these proceedings have become infructuous and that the contempt application as well as the suit pending before the learned Civil Judge should be deemed to have abated by virtue of Paragraph 4 of the said M.L.R. This plea should be raised by the respondents before the trial Court who is competent to decide the fate of the case in the light of the said M.L.R. M.A.K Petition dismissed.