Law:

Section:

Specific Relief Act (I of 1877)---.--- ---.----Ss. 42 & 54---.---Civil Procedure. Code (V of 1908), O.XXXIX, Rr.1 & 2---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---.---Suit for declaration and perpetual injunction---.---Grant of stay order---.---Recalling of order granting stay order---.---Appeal to Supreme Court---.---Plaintiff filed suit for declaration with perpetual injunction---.---Plaintiff along with plaint moved application for grant of stay order maintaining status quo---.---Trial Court granted stay order prayed for, but later on, an objection was filed by the defendant, on which stay order granted to the plaintiff was recalled---.---Appeal filed against order recalling stay order was dismissed by the Appellate Court and revision by the High Court was also dismissed---.---Validity---.---Name of plaintiff was not entered as owner of land in dispute either in survey numbers or in khewat concerned---.---Only name of defendant was entered as sole owner of said land---.---Prima facie, plaintiff had no concern whatsoever with the land in dispute and he had failed to make out a-good, arguable case for maintaining the suit---.---Keeping in view the principles governing the issuance of injunction i.e. prima facie case, irreparable loss and balance of convenience, orders passed by the High Court and subordinate court were perfectly legal and merited no interference by the Supreme Court---.---Appeal was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD AZAM KHAN, JUSTICE:---.---- This appeal, by leave of the Court, is addressed against the order of the Azad Jammu and Kashmir High Court dated 10-9-2008, whereby Revision Petition No.67 of 2007 from the judgment of District Judge Mirpur, has been dismissed. 2. The appellants/plaintiff filed a suit for declaration along with perpetual injunction and for direction in the Court of Senior Civil Judge Mirpur on 12-12-2006 to the effect that he is owner in possession of land comprising previous survey No.2445/3 present survey No.3808 measuring one Kanal 13 Marlas, No.3810 Measuring 9 Kanals 19 Marlas and No.3811 measuring 12 Marlas situate in village Dhari Phalli on…

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