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Civil Procedure Code, 1908 (V of 1908)-- ----S. 115 & O. XXXIX, Rr. 1, 2--Civil revision--Suit for permanent injunction to effect that plaintiffs were owners in possession of three shops--Defendants were intending to get the possession illegally and forcibly without partition--To know the veracity of the facts a local commission was appointed by Trial Court--Temporary injunction was allowed--Appeal was also dismissed--Assailed--Question of--Whether plaintiff were in possession of the suit property by illegal means or on basis of the ownership it would be decided after recording of evidence--Validity--Plaintiff's and petitioners were admittedly co-sharers and owners in impugned khata--Fact of possession of the suit property by plaintiffs was admitted irrespective of the fact--Whether some was legal or illegal or respondents had obtained the possession of the suit land forcibly--Report of local commission to extent of possession upon the suit property also supported the version of the petitioners--Held: During the pendency of the suit the trial Court appointed a local commission who submitted report that plaintiffs were in possession of the suit property at spot--Facts of possession was admitted by petitioners--Orders passed by Courts below were based on convincing, rational and cogent reasonss failed to point out any illegality or irregularity--Basic ingredient for grant of temporary injunction i.e. possession of plaintiffs was admitted on the site--Even they were owners in joint khata which was yet to be partitioned, which fact establishes their prima facie case--If the temporary injunction was refused and trial Court the apprehension was very much there that the defendants could create inconvenience by selling joint property in hands of others--Petition was dismissed. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE---.--- Allah Ditta son of Allah Bakhsh and 5 others through the instant Civil Revision under Section 115, CPC, call in question the order dated 15.12.2009, passed by the learned Additional District Judge, Jatoi, dismissing the appeal filed by the petitioners against the order dated 01.06.2009 of the learned Civil Judge 1st Class, Jatoi…

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