SHARIQ BUILDERS AND PROPERTY ADVISORS vs Dr — 2024 MLD 32 LAHORE-HIGH-COURT-LAHORE

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SHARIQ BUILDERS AND PROPERTY ADVISORS VS Dr. MUHAMMAD FAISAL MURAD O. XXXIX, Rr. 1, 2 & O. XLIII---Specific Relief act (I of 1877), Ss. 12 & 54---Suit for specific performance, permanent injunction---application for restraining the defendants not to further alienate the suit-property---Injunction, "ad interim" or "temporary---Scope---appeal preferred against order regarding ad-interim injunction---Maintainability---Plaintiff, along with plaint, filed an application under O. XXXIX, Rr. 1 & 2 of Civil Procedure Code, 1908, for restraining the defendants not to further sell/alienate/transfer the suit-property---Civil Court rejected the request of the appellant for grant of ad-interim injunction while directing to deposit remaining consideration amount till adjourned date, extending a warning that otherwise the suit would be dismissed due to non-deposit of remaining consideration---against said order, the appellant/plaintiff preferred appeal in terms of O. XLIII of the Code of Civil Procedure, 1908, before the High Court---Respondents/defendants raised objection qua maintainability of the appeal by stating that as mere relief regarding grant of ad interim relief had been declined and the main application filed under O. XXXIX, Rr. 1 & 2, C.P.C., was yet pending adjudication with the Trial Court, thus filing of appeal under O. XLIII of the C.P.C was not maintainable---Validity---admittedly the agreement to sell had been executed between the parties, however, there were certain apparent shortfalls in fulfillment of terms thereof, yet the record revealed that only ad-interim injunction sought for in the suit filed by the appellant/plaintiff had been declined while a date had been fixed for arguments of the parties upon point of maintainability of said suit---Thus, main application filed by the appellant/plaintiff under O. XXXIX, Rr. 1 & 2, Civil Procedure Code, 1908, was still pending adjudication with the Trial Court and such scenario would not amount to a 'case decided'---In compliance of an order passed by High Court, appellant/plaintiff had deposited the remaining consideration amount---Since the matter before High Court was regarding ad-interim injunction only and Trial Court was already seized with the matter, High Court directed the Trial Court to finally decide the application under O. XXXIX, Rr. 1 & 2, Civil Procedure Code, 1908, within ten days after affording an opportunity of hearing to the parties---appeal against order filed by the appellant/plaintiff was disposed of accordingly.

SHARIQ BUILDERS AND PROPERTY ADVISORS vs Dr — 2024 MLD 32 LAHORE-HIGH-COURT-LAHORE

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