Haji IBRAHIM vs ABDUL QADIR LAKHANI Ss — 2023 PLD 11 KARACHI-HIGH-COURT-SINDH

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Haji IBRAHIM VS ABDUL QADIR LAKHANI Ss. 39 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for cancellation, injunction, rendition of accounts and recovery of damages---Interim injunction, setting aside of---Over a dispute of dispossession, Judge in Chambers of High Court directed Court official to replace locks and seal suit property---Validity---Mandatory injunction could not to be granted on interlocutory application in absence of special circumstances---Only in clear cases either where Court thought that the matter was to be decided at once or where injunction was directed at a simple and summary act which could be easily remedied or where defendant had attempted to steal a march on the plaintiff---Before granting mandatory interlocutory injunction Court had to feel a high degree of assurance that at the trial it would appear that injunction was rightly granted---Where Court came to the conclusion that party in contravention of order passed under O. XXXIX, Rr. 1 & 2, C.P.C. did something to its advantage and to prejudice of other party, Court could exercise its inherent power to bring back the party to a position where it originally stood before such contravention---No party could be allowed to take advantage of his own wrong inspite of order made by Court---Such order was more likely to be passed after served notice---Division Bench of High Court directed to remove the seal, as ordered by Single Judge of High Court by same official who sealed suit property---Division Bench of High Court further directed to restore possession and till the controversy was decided by Single Judge of High Court, no third party interest would be created---Intra Court Appeal was allowed accordingly.

Haji IBRAHIM vs ABDUL QADIR LAKHANI Ss — 2023 PLD 11 KARACHI-HIGH-COURT-SINDH

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