| Case ID |
392c28b5-3abe-473e-b22b-5e7dacd70e00 |
| Body |
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| Case Number |
326/2016 |
| Decision Date |
Feb 10, 2016 |
| Hearing Date |
Feb 10, 2016 |
| Decision |
The Sindh High Court dismissed the applications for temporary injunction filed by the plaintiffs, asserting that the plaintiffs did not demonstrate a prima facie case for the grant of an injunction. The court noted that the plaintiffs claimed their hydrants to be legal and that the actions of the defendants in closing them were illegal. However, the court emphasized that the issue of legality was under discussion in the Supreme Court, and therefore, the High Court could not provide relief without infringing on the Supreme Court's jurisdiction. The plaintiffs were advised to approach the Supreme Court for any grievances against the actions of the defendants. |
| Summary |
In the case of Salahuddin Panhwar vs. Karachi Water and Sewerage Board, the Sindh High Court addressed multiple suits concerning the legality of water hydrants operated by the plaintiffs. The court examined the applications for temporary injunctions while considering the broader implications of the Supreme Court's ongoing deliberations on similar matters. The plaintiffs argued that the defendants were unlawfully closing their hydrants, which were established under a contractual agreement. The court ruled that the plaintiffs failed to establish a prima facie case for an injunction, as the matter was already under the purview of the Supreme Court. The decision emphasized the importance of judicial propriety and the need for parties to seek recourse from the apex court for grievances. This case highlights the complexities involved in administrative law, contract enforcement, and the jurisdictional boundaries between different levels of the judiciary. Overall, the decision underscores the significance of adhering to established legal principles and respecting the supremacy of the Supreme Court in matters of law interpretation. Keywords: Karachi water hydrants, temporary injunction, Supreme Court jurisdiction, contract enforcement, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Water and Sewerage Board
|
| Judges |
SALAHUDDIN PANHWAR
|
| Lawyers |
Salah-ud-Din Ahmed,
Nadeem Ahmed,
Rehman Ghous,
Umar Awan,
Munir-ur-Rehman
|
| Petitioners |
SHOAIB KHAN
|
| Respondents |
Misbah-ud-Din Farid,
MESSRS Karachi WATER AND SEWERAGE BOARD THROUGH MANAGING DIRECTOR
|
| Citations |
2016 SLD 2966,
2016 YLR 2471
|
| Other Citations |
Mirza Shaukat Baig v. Shahid Jamil PLD 2005 SC 530
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (1 of 1877)
|
| Sections |
O.XXXIX, Rr.1 & 2,
Ss.42 & 54
|