Malik FAZAL DIN vs MUHAMMAD ASLAM KHAN — 1970 SCMR 649

Citation: 1970 SCMR 649

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-06

Parties: Malik FAZAL DIN vs MUHAMMAD ASLAM KHAN

Headnotes

Case cited as 1970 SCMR 649

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: Malik FAZAL DIN vs MUHAMMAD ASLAM KHAN Case No.: Civil Petition for Special Leave to Appeal No. 8-P of 1970 Date of Judgment:1970-03-06 Reported As: 1970 SCMR 649 Result: Leave refused JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This petition for special leave to appeal is directed against the order of a temporary injunction granted to the respondent under Order XXXIX, rules 1 and 2 and section 151 of the Civil Procedure Code, by the Courts below, restraining the petitioner from interfering with the removal of the sand by the respondent from a quarry in Lawrencepur area without payment of price, subject to his furnishing security in the sum of Rs. 5,000. This order was made in the respondent's suit for a permanent injunction for the same relief which is pending in the Court of an Administrative Civil Judge, Campbellpur. A notice was issued to the respondent who is represented by his learned counsel, Ch. Muhammad Saleem, who has stated before us that the respondent undertakes to pay the royalty on the sand that may be removed by him from the quarry in question, during the pendency of the suit at the stipulated rate of Rs. 3 per truck, which will be regularly deposited by him in the Govern--ment treasury in the name of the petitioner. He further under--takes that the respondent shall maintain regular account of the quantity of sand which may be removed by him from the quarry and that a copy of…

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