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2008 C.L.R. 618

WAPDA through its Chairman and 4 others vs Irshad Mehmood

Citation2008 C.L.R. 618
CourtLahore High Court
Case No.Civil Revision No. 2890 of 2004
Date2007-03-17
Judge(s)Sayed Zahid Hussain
ResultCivil revision petition dismissed

ORDER

SAYED ZAHID HUSSAIN, J.---In the suit for declaration, which was instituted by the respondent qua a detection bill, an application for the grant of temporary injunction was filed by him which application was allowed by the Trial Court on 20-10-2003 subject however to making deposit of the disputed amount of the bill. That order of the Trial Court however was reversed by the first Appellate Court on appeal filed by the respondent to the extent to deposit. The judgment of the Appellate Court dated 21-7- 2004 is sought to be assailed through this revision petition.

2. The learned counsel for the petitioner has been heard . The learned Appellate Court has proceeded to reverse the order of the Trial Court to the extent of deposit on prima facie consideration of the material on the record. Such a finding is of a tentative nature meant merely for the disposal of the application for temporary injunction. The discretion exercised by the Appellate Court granting temporary injunction without deposit of the disputed amount does not call for interference by this Court in revisional jurisdiction.

Suffice it to observe that the suit filed by the respondent is pending before the Trial Court since the year 2003, which is still at the stage of recording of evidence. I will direct the Trial Court to expedite the hearing of the suit and conclude the trial and decide the suit within this year in accordance with law.

The revision petition is accordingly dismissed with the above observation. No order as to costs. .

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