The brief facts out of which present civil revision petition arises are that the petitioner filed a suit for declaration with permanent injunction and consequential relief alongwith an application for ad- interim relief in the Court of Civil Judge 1st Class, Lahore. The learned trial Court granted the ad- interim relief in favour of the petitioner vide order dated 23-2-2004. The respondents being aggrieved filed an appeal before the learned Addl. District Judge, Lahore, who admitted the appeal for regular hearing and status-quo order was suspended vide order dated 08-3-2004. The petitioner being aggrieved filed this revision petition.
2. The learned counsel of the petitioner submits that the learned Addl: District Judge erred in law to suspend the order of status-quo granted by the learned trial Court without issuance of notice to the petitioner. He further submits that the impugned order is not sustainable in the eyes of law.
3. I have given my anxious' consideration to the contentions of the learned counsel of the petitioner and perused the record.
4. It is admitted fact that the application for ad-interim relief and the appeal are still pending adjudication before the learned Addl: District Judge, Lahore. It is settled principle of law that revision petition is not maintainable against such type of interim order as it is not qualified the parameters prescribed under Section 115 of CPC as a case decided. In arriving to this conclusion, I am fortified by the law laid down in "Muhammad Ahsan-ullah Khan us. Muhammad Sami-ullah Khan" (PLD 1964 Lahore 101). The revision petition is maintainabel against the final 1; order or case decided, therefore, this revision petition is not maintainable, as per principle laid down in the following judgments:-- 'Nawabzada Malik Habib-ullah vs. The Pak. Cement Ind. Ltd." (1969 SCMR 965)
"Mian Zafar Iqbal etc. vs. Bashir Ahmad Khan, etc." (PLD 1987 Lahore 650)
'National Security Ins. Co. Ltd. vs. M/s. Hoechst Pak. Ltd. etc." (1992 SCMR 718).
5. However, in the interest of justice and fair play, the learned Addl: District Judge, Lahore concerned is directed to decide the appeal and application for ad-interim relief of the respondents as expeditiously as possible. The parties and their, learned counsel are directed to co-operate with the concerned First Appellate Court to finalize the matter expeditiously as possible. In case, any party fails to co-operate with the First Appellate Court to decide the appeal in terms of direction of this Court, then the First Appellate Court is directed to invoke penal provisions against the said party.
With these observations, the civil revision petition is disposed of.