192/2022 H.C.A Muhammad Aqeel & Others (Appellant) V/S Federation of Pakistan & Others (Respondent)

192/2022 H.C.A Muhammad Aqeel & Others (Appellant) V/S Federation of Pakistan & Others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 27-JUN-22

-----Learned Division Bench on the apprehension of the appellants and the counsel representing Board of Revenue, Government of Sindh that the private respondents will create third party interest as the construction was being raised regularly, granted an interim order that no further third party interest shall be created, however, nowhere the order suggests that the powers of learned Single Judge to pass any other injunctive order that may require in the interest of justice before or at the time of disposal of the injunction application, were also curtailed. This aspect of the argument of appellants cannot be termed as ratio of judgment. ------If the learned Single Judge was empowered to pass an order while deciding the injunction application finally, then the said judge equally enjoys the powers to pass interim or ad interim orders of the restraining nature, on the tentative assessment of claims, keeping the interest of the parties and to save interest of the litigants involved. Discretionary powers of the court are wide enough to foster the interest of justice and equity, as it demands.