MAULVI ANWARUL HAQ, J - On 27-7-2006 the respondent No,2 filed a suit against die petitioner and respondent No,l for specific performance of agreements to sell stated to have been executed by respondent No,l. Along with the suit an application was filed seeking a temporary injunction, inter alia, restraining the petitioner to get her suit decreed against the respondent No,
1. The suit as well as the application was resisted by both the defendants. The learned trial Court dismissed the application on 19-9-2007. An appeal filed by the respondent No,2 was allowed by a learned Additional District Judge, Ferozewala, on 27-5-2008, who has granted the injunction.
2. This civil revision was admitted to hearing only to consider the contention that the learned Additional District Judge has acted without jurisdiction while staying the proceedings in another shit. Learned counsel for respondent No, 2 has put in appearance and has made a clean breast by stating that the injunction to the said extent may be vacated as his client has filed an application to become a party in he other suit.
'No,2, it is settled that lawful proceedings in the nature of a suit pending in the Court of competent jurisdiction cannot be stayed unless and until the matter falls within the four corners of section 10 C.P.C. The civil revision accordingly is allowed and the impugned order dated 27-5-2008 of learned Additional District Judge Ferozewala, inasmuch as it purports to stay the proceedings in the civil suit titled "Gulzar Bibi v. Muhammad Riaz" is set aside. No orders as to costs.