Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 5, 21 & 22---Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2---Pre-emption suit---Application for grant of temporary injunction---Improvements made in the property by the vendee---Scope---Khyber Pakhtunkhwa Pre-emption Act, 1987 had provided special procedure to meet the eventuality of improvements made in the status of immovable property and vendee after the institution of suit---Provisions for grant of temporary injunction in favour of pre-emptor or otherwise in pre-emption cases were not attracted---Right of pre-emptor would not be affected in case of transfer of property or any change in the nature of the same after institution of suit---Pre-emption being special law had prescribed a special procedure with regard to improvements and change in the status and nature of property and preventive orders to maintain status would not attract in pre-emption cases---No perversity had been pointed out in the impugned order by the plaintiff---Plaintiff was directed to move an application for spot inspection if any construction was raised in order to assess whether improvements were made or otherwise qua the time of improvements---Revision was dismissed in limine in circumstances. THIS ORDER PASSED BY: ABDUL LATIF KHAN, JUSITCE:---.---- The instant revision petition is directed against the order dated 13-11-2013 of the learned District Judge, D.I. Khan whereby the appeal has been dismissed. 2. Short facts of the instant revision petition are that the petitioner-plaintiff filed a suit for possession through pre-emption along with an application for temporary injunction against the respondents-defendants. The respondents-defendants appeared before the learned trial court and contested the suit by filing their written statement and reply. The learned trial court after hearing the learned counsel for the parties, dismissed the application for temporary injunction of the petitioner. The petitioner-plaintiff preferred an appeal before the learned appellate court which was also dismissed on 13-11-2013, hence the instant revision petition. 3. Learned counsel for the petitioner heard and perused the available…

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