1. On 26-5-1988, Nasim Ahmad Khan petitioner filed suit for permanent injunction restraining Salim Ahmad Khan, respondent-plaintiff, from demolishing the wall of their chobara. Alongwith the suit, he filed application for temporary injunction. The application was dismissed by the trial Court on 14-6-1988. Feeling aggrieved thereby, plaintiff-respondent filed appeal, which was allowed and temporary injunction as prayed for was granted, hence this revision.
2. 2.Learned counsel for the petitioner submits that question of grant of Temporary injunction has not been considered in accordance with the guiding principles laid down by the Superior Courts; that the three essentials for grant of temporary- injunction do not exist in favour of the petitioner and that the well reasoned order of the trial Court has been reversed by the learned Appellate Court without sound and cogent reasons. Learned counsel for the respondent has supported the order of the Appellate Court.
3. 3.I have considered the matter carefully. I do not feel persuaded to agree with the learned counsel for the petitioner. I rind that in a suit for permanent injunction grant of temporary injunction is a rule and refusal an exception. In the case in hand, I do not see any exceptional reason to refuse prayer for grant of temporary injunction made by the respondent. The Appellate Court was quite competent to set aside the order of the trial Court. The appellate Court has applied its conscious mind to the relevant facts and has given sound and cogent reasons in support of the conclusion arrived at by it. I do not see any legal infirmity in the order of the Appellate Court. The order does not suffer from illegality, material irregularity or jurisdictional defect. The submissions made by the learned counsel are devoid of force and substance.
4. For what has been said above, the revision is dismissed, leaving the parties to bear their own costs.
4. In the peculiar circumstances of the case, I direct the learned trial Court to decide the case within 3 months from today under intimation to the Deputy Registrar (J) of this Court. If the case is not decided within 3 months, serious view of the matter will be taken.