property seeking for the relief of declaration and permanent injunction and that in the said suit, her predecessors in title was granted only the relief of declaration and in respect of injunction, the suit was dismissed. The learned petitioner counsel would further submit that against the order of rejection of the relief of injunction, an appeal suit was filed by them in A.S.No.490 of 2004. In which, the First Appellate Court, on 17.07.2008, has reversed the findings of the trial Court and granted permanent injunction in favour of the petitioner's predecessors in title. The learned petitioner counsel would further submit that, after the order of the first Appellate Court, the respondents / defendants, who are also the defendants in the earlier suit, have filed a Second Appeal in S.A.(MD)No.119 of 2011, and the same is still pending before this Court. Therefore, the petitioner would submit that in respect of the relief of declaration, which was granted by the Court in the previous suit, the same has reached its finality, and only in respect of the relief of injunction now the Second Appeal is pending.
