Malik FAZAL DIN vs MUHAMMAD ASLAM KHAN
This petition for special leave to appeal challenges the concurrent orders of the lower courts granting a temporary injunction under Order XXXIX, Rules 1 and 2 and Section 151 of the Code of Civil Procedure 1908. The injunction restrained the petitioner from interfering with the respondent's removal of sand from a quarry in the Lawrencepur area without payment of price, subject to furnishing security, pending a permanent injunction suit before the Administrative Civil Judge, Campbellpur. During the hearing before the Supreme Court, the respondent undertook to pay the royalty on the removed sand at the stipulated rate of Rs. 3 per truck, deposit it regularly in the Government treasury in the petitioner's name, maintain regular accounts of the removed sand, and furnish fortnightly statements to the petitioner. The Supreme Court disposed of the matter based on these binding undertakings given by the respondent before the Court.
- Can a temporary injunction be granted under Order XXXIX Rules 1 and 2 and Section 151 of the Code of Civil Procedure 1908 in a suit for permanent injunction?
- Whether an appellate court can dispose of a petition based on undertakings given by a party regarding the payment of royalty during the pendency of a suit?
- Order XXXIX Rule 1, Code of Civil Procedure 1908
- Order XXXIX Rule 2, Code of Civil Procedure 1908
- Section 151, Code of Civil Procedure 1908
1. 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.
2. 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 the statement of account shall be regularly furnished to the petitioner every fortnight.