This revision petition is directed against the order dated 11-2-1988 passed by Additional District Judge, Narowal whereby while accepting the appeal of respondent he vacated the temporary injunction granted to the petitioners by the trial Court on 23rd of September, 1987.
2. The facts necessary for the disposal of this revision petition are that in a suit for specific performance of the agreement to sell dated 28-4-1987 was instituted by the petitioners, an application for temporary injunction under Order 39 Rules 1 and 2 and section 151 CPC was filed for restraining the respondent from alienating the property in dispute during the pendency of the suit.
This application was granted by the trial Court on 23rd of September, 1987. However, on an appeal filed by the respondent, the Additional District Judge, Narowal proceeded to vacate the injunction and dismissed the application for temporary injunction filed by the petitioner.
3. The learned counsel for the appellant has contended that the valuation-of the suit for the purposes of jurisdiction was fixed in the plaint at Rs.2,80.000 and as such no appeal against the interim order could be filed before the District Court, which lacked the pecuniary jurisdiction in the matter. Under the West Pakistan Civil Courts Ordinance, 1962 an appeal to the District Judge lies if the value of the subject matter does not exceed Rs.2,00,000. The learned counsel for the respondent is not in a position to controvert this position. The judgment of the Additional District Judge is obviously without lawful authority.
4. It has also been brought to my notice that after the filing of present revision, the respondent realising the first appeal was incompetently filed by respondent before the District Judge, filed FAO No.82 of 1988 against the order of the trial Court, granting temporary injunction, in this Court which was dismissed on 11th May, 1988. The order granting temporary injunction has as such attained finality and cannot even otherwise be interfered with. On this ground also the revision petition merits acceptance.
H.B.T./S-524/L