1981 PLP 897 (CLC)
HAJI AHMED AND 2 OTHERS‑Appellants Versus R. G. SEHWANI COOPERATIVE HOUSING SOCIETY
| Citation | 1981 PLP 897 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Abdul Hayee Kureshi, C. J. and Ajmal Mian, J |
| Parties | HAJI AHMED AND 2 OTHERS‑Appellants Versus R. G. SEHWANI COOPERATIVE HOUSING SOCIETY |
| Primary Law | Civil Procedure Code (V of 1908)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 897 (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 1981 PLP 897 (CLC)?
The case was heard and decided by the Karachi bench comprising: Abdul Hayee Kureshi, C. J. and Ajmal Mian, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 897 (CLC) (HAJI AHMED AND 2 OTHERS‑Appellants Versus R. G. SEHWANI COOPERATIVE HOUSING SOCIETY). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Anwar for Appellants.
- A. A. Fazeel, K. A. Ghani and Mirza Yakoob Beg for Respondents.
Headnotes / Summary
‑‑--O. XLI, r. 5‑Stay of operation of order‑High Court granting ad interim injunction under O. XXXIX, r. 2, C. P C., restraining appellants/defendants from constructing more than two storeys (ground plus one) and also restraining them for letting out or parting with possession of shops already constructed till decision of suit‑Construction work on proposed third floor not yet commenced‑Appellants not intending to put proposed third floor to any use‑Appellants giving undertaking not to raise more than two‑storeyed building‑Only reason for appeal : that cost of construction may go up by time appeals and suits finalized Appellants/defendants, however, having already filed suit for damages against respondents/plaintiffs appellants defendants held, failed to make out case for stay of operation of order during pendency of appeals‑Appellants, held further cannot be placed in a better position than they had during pendency of injunction application in suit.
Judgment & Decree
LTD. AND ANOTHER ‑Respondents Civil Miscellaneous Application Nos. 2254, 2352 and 2356 of 1980 and High Court Appeal Nos, 43, 44 and 45 of 1980, decided on 14th September, 1980. ‑‑--O. XLI, r. 5‑Stay of operation of order‑High Court granting ad interim injunction under O. XXXIX, r. 2, C. P C., restraining appellants/defendants from constructing more than two storeys (ground plus one) and also restraining them for letting out or parting with possession of shops already constructed till decision of suit‑Construction work on proposed third floor not yet commenced‑Appellants not intending to put proposed third floor to any use‑Appellants giving undertaking not to raise more than two‑storeyed building‑Only reason for appeal : that cost of construction may go up by time appeals and suits finalized Appellants/defendants, however, having already filed suit for damages against respondents/plaintiffs appellants defendants held, failed to make out case for stay of operation of order during pendency of appeals‑Appellants, held further cannot be placed in a better position than they had during pendency of injunction application in suit. Khalid Anwar for Appellants. A. A. Fazeel, K. A. Ghani and Mirza Yakoob Beg for Respondents.