SURIYA ALTAF vs MUHAMMAD WAZIR S — 2024 CLC 1720 ISLAMABAD

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SURIYA ALTAF VS MUHAMMAD WAZIR S. 151 & O. XXXIX, R.2(3)---Specific Relief act (I of 1877), Ss.42, 12 & 54---Suit for declaration, possession and permanent injunction---Inherit powers of the Court---Injunction order, violation of---Scope and effect---Plaintiff, while claiming to be the owner of suit-property pursuant to sale deed/mutation, alleged that the defendants had dispossessed him from the suit-property ---Trial Court granted ad-interim injunction order directing the defendants to maintain status quo; which injunctive order was later confirmed---Thereafter, the plaintiff filed an application under O.XXXIX, R.2(3), C.P.C., alleging that in violation of the injunctive order, the defendants were raising construction over the suit-property ; the Trial Court, in view of spot inspection report by Court's bailiff, while allowing the said application, directed for the suit property to be sealed ('the sealing order')---Defendants filed revision petition assailing the said sealing order but to no avail---Validity---Section 151, C.P.C., should be invoked to give effect to an order validly passed by a Court of competent jurisdiction---When unlawful measures are adopted by a party, it is the responsibility of the Court to invoke S.151, C.P.C., to secure the ends of justice, or to prevent abuse of the process of the Court---That is what, in the present case, the Civil Court did by passing the sealing order and that is what the Court was required to do---Hence, the impugned orders declining to recall the sealing order passed by the Civil Court did not call for interference---Revision petition filed by the defendants, being merit-less, was dismissed in limine.

SURIYA ALTAF vs MUHAMMAD WAZIR S — 2024 CLC 1720 ISLAMABAD

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