KHAN NAWAZISH ALI Vs. GAZANFAR ALI KHAN

JUDGEMENT

(1.) A civil suit for partition has been presented before the Dy. Registrar by the plaintiff on 20 -6 -80, Along with the suit, an application for the issuance of temporary injunction has also been filed praying for a notice to the defendant to stay their hands with regard to the erection of the building on the land which still remains unpartitioned.

(2.) THE suit itself has not as yet been assigned to this Court because of the summer vacation. The learned counsel for the plaintiff has, however, referred this Court to Order 4 Rule 1 CPC and also to sub clause (e) of Rule 25 of the High Court Rules. It has been contended that the court was competent and within its powers to attend and dispose of such applications in the suits which in its opinion require immediate and urgent attention, His submission is that both rule 1 order 4 CPC as well as sub clause (e) Rule 25 of the High Court Rules be read together and an interpretation be recorded as to enable the Court to possess the powers to pass orders in urgent matters arising out of the civil matters. It has been further submitted that the suit is already pending in the Court as it has been presented on 20 -6 -1980 within the meaning of Rule 1 order 4 CPC. Though this point requires further elucidation and consideration yet I am, for the time being of the view that an interpretation to sub clause (e) of Rule 25 of the High Court Rules should be such which would enable the vacation judge to attend urgent applications which in the opinion of the vacation Judge required immediate and urgent attention,

(3.) I have perused the contents of the application for the issuance of a temporary injunction and feel it requires immediate and urgent attention of the Court. It is alleged that the defendants are already collecting material to raise construction on a joint piece of land and taking benefit of the vacation of the High Court It was their intention to erect the building during this period leaving the plaintiff helpless. The Court is therefore, of the view that this matter requires immediate and urgent attention and therefore, it is directed that a temporary injunction be issued against the defendants not to raise any building on the suit land till further orders.