AFTAB AHMED KHAN vs DILAWAR KHAN O — 2024 MLD 316 ISLAMABAD

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

AFTAB AHMED KHAN VS DILAWAR KHAN O. XXXIX, Rr. 2B & 2(3)---Specific Relief act (I of 1877), Ss. 42, 8 & 54---Suit for declaration, recovery of mense profit, possession and mandatory and permanent injunction---Disobedience or breach of stay order, allegation of---Expiry of stay order---No contempt of Court---application under O. XXXIX, R. 2(3), C.P.C. was dismissed by the Trial Court and appeal thereagainst was also dismissed---Validity---Trial Court had held in the impugned order that the term status quo had been interpreted by the ad-interim order itself by restraining the respondents from alienating the suit property---No allegation of alienation had been made by the petitioners---Even otherwise, as far as the allegation of illegal construction was concerned, it might be seen that the respondent No.1 took a specific stance vide his reply sworn on oath that only repair work was carried out and no construction had been made on the suit property which stance remained un-rebutted by the petitioners as no affidavit-in-rejoinder was filed by them---In such circumstances the petitioners had remained unable to establish that any disobedience or breach of the stay order had been committed---allegedly, there was no stay order in the field at the time of the alleged contempt as the order dated 28.01.2021, whereby the ad-interim order dated 05.12.2019 had been confirmed, had a validity period of six months pursuant to O. XXXIX, R. 2B, C.P.C. which therefore expired on 27.07.2021---ad-interim order dated 05.12.2019 was confirmed on 28.01.2021 and as such was valid only till 27.07.2021---Petitioners had not brought on record nor alleged that any extension was passed by the Trial Court in the absence of which the temporary injunction ceased to have effect on expiry of six months---In view of the foregoing reasons there was no injunctive order in the field at the time of the alleged contempt---For all the foregoing reasons neither the injunctive order was in existence at the time of the alleged contempt of Court nor had the alleged violation been proved---Consequently, the writ petition was dismissed accordingly.

AFTAB AHMED KHAN vs DILAWAR KHAN O — 2024 MLD 316 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2024 MLD