KARACHI: The Sindh High Court on Wednesday restrained the management of a private school from operating in a residential property in Clifton.

A single-judge bench headed by Justice Agha Faisal observed that property in question could not be used for any purpose other than residential till the final disposal of the lawsuit.

Some residents of the area had filed a suit and stated that the Lyceum School was operating in a residential property on Hatim Alvi Road in Old Clifton.

The plaintiffs pleaded for a restraining order for defendants from utilising the subject property as their school till the final adjudication of the matter.

In its comments, the Sindh Building Control Authority stated that the property in question was residential and a commercial school was operating illegally.

Representing the plaintiffs, Advocate Arshad Tayebaly submitted that the property in question was admittedly being used for an illegal purpose and such illegality could not be afforded legal sanction in the garb of denial of interim relief.

He also submitted that a commercial school with 700 to 800 students was a grave nuisance, inconvenience and anathema to a residential locale.

Advocate Faisal Siddiqi appeared on the behalf of the school management and argued that while prima facie a case was undeniably set forth by the plaintiffs, the scales to the extent of balance of convenience and irreparable harm were tilted in favour of the contesting defendants.

He also maintained that the commercial school was operating at the suit property since long and the efflux of time, coupled with interests of third parties, entitled the private commercial school to continue to operate; at least until a decision upon their regularisation application was rendered.

The bench in its order said the lawyer for plaintiffs had demonstrated a prima facie case, favourable balance of convenience and finally that irreparable harm would continue unless the application was allowed and thus, a fit case for interim injunctive relief was set forth.

“Therefore, CMA 6921 of 2018 is allowed and the defendants are restrained from using the suit property, being Plot 78 Hatim Alvi Road Old Clifton Karachi, and / or permitting the use thereof, for any purpose other than residential and restrained from using, and / or permitting the use thereof, the same for a school, until final disposal of the suit,” it concluded.

Published in Dawn, February 29th, 2024