ABDUL SAMAD vs HAYATULLAH O — 2023 CLC 1198 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 1198 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: ABDUL SAMAD vs HAYATULLAH O
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL SAMAD VS HAYATULLAH O.XXXIX, Rr.1, 2 & O.XLIII, R.1(r)---application for grant of interim injunction---Ex-parte interim injunction, challenge to---Scope---Plaintiff filed suit for declaration, preventive and prohibitory injunction and consequential relief---along with the suit, the plaintiff also filed an application under O.XXXIX, Rr.1 & 2, C.P.C.---Trial Court accepted the application, granted ad-interim injunction and issued notice to the defendants---Defendants filed appeal under O.XLIII, R.1(r), C.P.C., before the appellate Court and the appeal was accepted---Validity---Ex-parte interim injunction was different from an order of temporary injunction made at the final disposal of the application after providing both the parties an opportunity of being heard---Ex-parte interim injunction was merely a provisional order---Order passed by the appellate Court was set aside and the Trial Court was directed to decide the application under O.XXXIX, Rr. 1 & 2, C.P.C., within seven days.

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