1. S. AHMED SARWANA, J.---Messrs Al-Munaf Corporation (appellant) herein filed a Suit No.1401 of 1998 in the High Court asserting their rights of ownership in a plot of land situated in SITE and on an application under Order XXXIX, rules 1 and 2, C.P.C. Filed by them, the Court was pleased to pass an order of status quo thereby restraining the defendants from interfering with the possession of the property by the plaintiff and directed the defendant not to create any third party interest in. The disputed plot. During the pendency of the suit the plaintiff filed an application seeking a direction to defendant No.1 (SITE) to allow road cutting permission to KESC for laying the cables for construction of KESC sub-station on the disputed land pending the final decision of the case. The application was dismissed on the ground that it would amount to disturbing the status quo against which this appeal has been filed.
2. ' After hearing the learned counsel, we are of the opinion that the temporary injunction was granted in order to maintain status quo between the parties and for purpose of restraining the defendants from creating any third party interest therein. By cutting of the road and installation of an electric sub-station on the disputed property no harm would be caused to any party. The constructed sub-station which would be built at the cost of Munaf would become part of the plot and would either be transferred to the new owner or demolished depending upon the outcome of the proceedings. There would not be any disturbance of the status quo with regard to the possession of the premises or creation of any third party interest. Accordingly, the appeal is allowed and the order dated 9-5-2000 passed by the learned Single Judge dismissing the application is set aside and SITE is directed to grant permission to KESC to lay the cables for construction of a sub-station as prayed by the plaintiff.