2004 PLP 1599 (MLD)
Messrs AL-MUNAF CORPORATION — Appellant Versus SINDH INDUSTRIAL TRADING ESTATE LTD. and others — Respondents
| Citation | 2004 PLP 1599 (MLD) |
| Forum / Court | Karachi |
| Bench Members | S. Ahmed Sarwana and Muhammad Mujeebullah Siddiqui, JJ |
| Parties | Messrs AL-MUNAF CORPORATION — Appellant Versus SINDH INDUSTRIAL TRADING ESTATE LTD. and others — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2004 PLP 1599 (MLD)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1599 (MLD)?
The case was heard and decided by the Karachi bench comprising: S. Ahmed Sarwana and Muhammad Mujeebullah Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1599 (MLD) (Messrs AL-MUNAF CORPORATION — Appellant Versus SINDH INDUSTRIAL TRADING ESTATE LTD. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Yousuf Moulvi for Appellant.
- Abdul Karim Khan for Respondent No. 1.
Headnotes / Summary
S. 42
Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2
Law Reforms Ordinance (XII of 1972), S. 3
Suit for declaration with regard to ownership of plot
Status quo was granted to the plaintiff restraining defendants from interfering with possession of plot of the plaintiff with direction to defendants not to create any third party interest in plot in dispute
Plaintiff, during pendency of the suit, filed an application seeking a direction to defendant to allow road cutting permission to Karachi Electric Supply Corporation for laying the cables
Said application was dismissed on the ground that it would amount to disturbing the status quo
By cutting of road and installation of electric sub-station on disputed land, no harm would be caused to any party
Constructed sub-station which would be built at the cost of plaintiff, would become part of the plot, and would either be transferred to new owner or demolished depending upon outcome of the proceedings
Status quo order with regard to possession of premises or creation of any third party interest was not to be disturbed.
Judgment & Decree
S. AHMED SARWANA, J. -Messrs Al-Munaf Corporation (appellant) herein filed a Suit No.1401 of 1998 in the High Court asserting their rights of ownership in a plot of land situated in SITE and on an application under Order XXXIX, rules 1 and 2, C.P.C. Filed by them, the Court was pleased to pass an order of status quo thereby restraining the defendants from interfering with the possession of the property by the plaintiff and directed the defendant not to create any third party interest in the disputed plot. During the pendency of the suit the plaintiff filed an application seeking a direction to defendant No.1 (SITE) to allow road cutting permission to KESC for laying the cables for construction of KESC sub-station on the disputed land pending the final decision of the case. The application was dismissed on the ground that it would amount to disturbing the status quo against which this appeal has been filed. After hearing the learned counsel, we are of the opinion that the temporary injunction was granted in order to maintain status quo between the parties and for purpose of restraining the defendants from creating any third party interest therein. By cutting of the road and installation of an electric sub-station on the disputed property no harm would be caused to any party. The constructed sub-station which would be built at the cost of Munaf would become part of the plot and would either be transferred to the new owner or demolished depending upon the outcome of the proceedings. There would not be any disturbance of the status quo with regard to the possession of the premises or creation of any third party interest. Accordingly, the appeal is allowed and the order dated 9-5-2000 passed by the learned Single Judge dismissing the application is set aside and SITE is directed to grant permission to KESC to lay the cables for construction of a sub-station as prayed by the plaintiff. H.B.T./A-78/K Appeal allowed.