Fahim Ahmed Saeed vs Mian Humayun Mahmud O — 2025 MLD 1973 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1973 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Fahim Ahmed Saeed vs Mian Humayun Mahmud O
Subject matter: Civil

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

Judgment text as reported

Fahim Ahmed Saeed VS Mian Humayun Mahmud O.XXXIX, Rr.1, 2 & O.XLIII, R.1(r)---appeal against order--- Trial Court "turning down" the request for grant of ad-interim relief ---"Turned down", terminology of---Scope ---Trial Court should either accept or dismiss the request for grant of ad-interim relief and terminology of "turned down" is not to be used ---appellants filed a suit for declaration, recovery and permanent injunction along with an application under O.XXXIX, R.1 & 2 of C.P.C. for grant of temporary injunction but the Trial Court "turned down" their requests for grant of ad-interim relief --- Validity --- Without discussing the reasons/grounds taken by the Trial Court for "turning down" the appellants' request for grant of temporary injunction the terminology "turned down" was not to be used in deciding application under O.XXXIX, R.1 & 2 of C.P.C. and the Trial Court should accept or dismiss it---Order XXXIX, R.1 & 2 of C.P.C. provided that court could grant a temporary injunction to restrain a party from committing an act that could cause injury to the other party or damage to the subject matter of the suit on specific terms, such as duration, keeping an account or providing security --- Impugned order of Trial Court suffered from a legal lacuna and it could not be sustained and the same was set-aside---appellants' application for grant of temporary injunction was deemed to be pending before the Trial Court for decision afresh---appeal against order was disposed of, in circumstances.

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