MUHAMMAD YAHYA vs PROVINCE OF SINDH Ss — 2025 CLC 151 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YAHYA VS PROVINCE OF SINDH Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for declaration and injunction---Interim injunction, refusal of---Appellate Court, jurisdiction of---Cross cases---Two suits were filed regarding suit land, one filed by appellants / residents of Society and the other by respondents / Housing Society---Judge in Chambers of High Court (as Trial Court) granted interim injunction in favour of respondents / Housing Society and dismissed application filed by appellants / residents of Society and declined to restrain respondent / Housing Society from raising construction---Validity---Where on consideration of respective cases of parties and documents laid before it, the Court of first instance grants or refuses an injunction, an Appellate Court ought not to interfere with the exercise of discretion unless such exercise is found to be palpably incorrect or untenable---As long as view of Trial Court is a possible view, the Appellate Court ought not to interfere with the same---Reasons that weighed with Trial Court were grounded in law and did not indicate that the view taken for granting injunction on the application of respondent / Housing Society while withholding the same on the application of appellants / residents of Society was capricious or untenable---All relevant points arising for consideration were addressed by Judge in Chambers of High Court, while properly weighing the matter in light of relevant test for determining whether or not case was made out for interlocutory injunction---Division Bench of High Court declined to interfere in the order passed by Judge in Chambers of High Court as discretion was exercised judiciously and it was not open on appeal to substitute the view in that regard---Intra-Court Appeal was dismissed, in circumstances.

MUHAMMAD YAHYA vs PROVINCE OF SINDH Ss — 2025 CLC 151 KARACHI-HIGH-COURT-SINDH

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