Interim relief

  1. Normally Courts pass adverse orders after hearing the party to be adversely affected except when justice of the case demands to the contrary — Under rule 34 of the High Court Rules seven days notice of motion is required. Al-Khair University of AJK and another v. Al.Khair Trust (Pakistan) & 5 others 1998 SCR 186 (B)
  2. No reason has been recorded for passing the interim orders — Interim orders are passed by the Courts after due consideration and satisfaction — First of all Court is to see whether there is a good prima facie case — Other two conditions are irreparable loss and balance of convenience. Al-Khair University of AJK and another  v. Al.Khair Trust (Pakistan) & 5 others 1998 SCR 186 (C)
  3. Al-Khair University and its functionaries are performing functions under the Act of the Assembly and they cannot be stopped from doing so on vague allegations. Al-Khair University of AJK and another v. Al.Khair Trust (Pakistan) & 5 others 1998 SCR 186 (D)
  4. The violation of rule 34 of High Court Procedure Rules renders the interim relief granted to the respondent as patently illegal — However the application for interim relief shall be deemed to be pending. AJK Government & 4 others v. Tariq Farooq 1998 SCR 210 (A)
  5. Both the parties are claiming their possession over the suit land — On account of divergent claims there is every likelihood of any such incident which may indulge the parties in further litigation — The object of interim relief is to maintain the status quo existing at the time of filing the suit and prevent the parties to create a different situation during the pendency of the dispute — Leave to appeal dismissed. Muhammad Zaman  v. Ch. Muhammad Hanif & 2 others 2005 SCR 300 (A)
  6. Object and purpose — Highlighted — The object and purpose of interim relief is always to maintain the status-quo of the suit land and not to create a different and new situation than what it was existing at the time of filing of the suit. Qaiser Sadiq and another v. Shahroom and 4 others 2013 SCR (SC AJ&K ) 61 (A)
  7. Object and purpose of — the basic object and purpose of issuance of interim relief is always to maintain the status quo of the suit property and not to create a different and new situation then that existing at the time of filing of suit. The Courts are bound to confine themselves within the parameters  determined under the relevant provisions governing the interim relief. Muhammad Lal & 3 others v. Abdul Majeed & 2 others 2014 SCR 430 (C) 2000 YLR 2899, 2013 SCR 61 and 2004 SCR 318 ref.
  8. Order xxxix — CPC — Held: the basic purpose of issuance of interim relief is to maintain the status quo and not to create a different and new situation than that of existing at the time of filing of the suit. Muhammad Farooq & 3 others v. Pervaiz Muzaffar & 20 others 2016 SCR 665 (C) 2014 SCR 430 & 2004 SCR 318 ref.
  9. —service matter—refusal of interim relief—a newly appointed candidate has appointed on her choice by transferring an already serving civil servant—tranferee challenged the transfer order through appeal before the service tribunal and also filed an application to grant the stay order—Service Tribunal has admitted the appeal for regular hearing but refused to grant the stay order–Held: that in view of the observation of the Service Tribunal that some important question has been raised in the appeal, refusal of the interim relief was not justified. Shaheena Naseer v. Azad Govt. & 5 others 2020 SCR 384 (A)
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