' Plaintiffs who claim right of easement through this suit in relation to the property constructed by defendants Nos.4 and 5 on their plot seek a restraint order restraining defendants Nos.4 and 5 from continuing with the construction on their plot or creating third party interest in relation thereto. The suit as well as the injunction application were filed on 9th October, 1997.
2. In the written statement as well as the counter-affidavit stand taken by the contesting defendants is that the construction had been completed before the filing of the suit and only building was being coloured. With regard to creation of third party interest, it is said that defendants do not intend to sell any portion of the property in question.
3. Counter-affidavit is followed by an affidavit-in-rejoinder alleging gross violation of the approved plan and construction in the portion reserved for compulsory open space. It is further the case of the defendants that construction is purely for residential purposes on the ground floor and two floors in accordance with building plan duly approved by K.B.C:A.
4. On plaintiff's C.M.A. No,7896 of 1997 for inspection of the site Nazir of Court was appointed as Commissioner to inspect the suit premises after notice to defendants as well as K.B.C.A. To report whether the construction was being carried out strictly in accordance with approved building plan.
Accordingly Nazir inspected the site on 29-11-1997 and substituted his report indicating that on the first floor balcony front was demolished by K.B.C.A. And staircase landing towards the house of plaintiff No,1 was partly demolished by the said agency. Nazir noticed the following violations firstly, that the staircase landing towards plaintiff No,1 house on first and second floor about 3 feet was not provided in the approved plan and secondly, that balcony projection towards road side was approved for 3 feet whereas it was 5-1/2 feet. Mr. Suleman Kassam says that for regularization of both these minor violations hardly affecting the alleged easement right of the plaintiffs, defendants have approached the K.B.C.A., and their re,. Test is under process since 27-12-1997. Be that as it may, pending the regularization prayer, no further orders are warranted at this stage. Mr. Shahid Jamil Ahmed Khan requests for time to verify the factual and legal position. At his request further hearing is adjourned. Should the K.B.C.A. Decide not to regularize the aforesaid violations, defendants would be under a legal duty to bring the construction strictly in accordance with approved plan failing which it may be demolished by K.B.C.A. In the discharge of their statutory functions. With these observations injunction application stands disposed of to the extent indicated above. Nazir is permitted to appropriate his A fees subject to administrative appeal.