Case Details

Citation(s)
2014 SLG 755 2014 SLD 755 2014 YLR 1710
High Court (AJ&K)
Revision Petition No. 91 of 2012, decided on 04-07-2013.
SARDAR ABDUL HAMEED KHAN, JUSTICE
Muhammad Yaqoob Khan Mughal for Petitioners. Mushtaq Ahmed Janjua for
Respondents.

MUHAMMAD SHAFIQUE AND 2 OTHERS

VS

MUHAMMAD SALEEM KHAN AND ANOTHER

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2 & S. 12(2)---Application for grant of temporary injunction---Decree on the basis of adverse possession had been passed with regard to State land and Shamlat Deh---Law of adverse possession was not on the statute book since 1996---Appellate Court had discussed all the merits of the case and had expressed its final opinion which was not permissible---Issuance of temporary injunction in the present case was justified---Impugned order of Appellate Court was set aside and that of Trial Court was restored and temporary injunction was granted to maintain status quo for a period of six months---Revision was accepted accordingly. 2010 SCR 102 and 2008 SCR 207 rel. THIS ORDER PASSED BY: SARDAR ABDUL HAMEED KHAN, J.--- This revision petition has been filed against the order passed by the learned Additional District Judge, Hajira on 11-5-2012 and that of the Civil Judge, Hajira dated 2-4-2012 whereby an application for issuance of temporary injunction filed by the petitioners was rejected. Precise facts of the case are that Muhammad Shafique and others, petitioners, herein, moved an application under section 12(2) C.P.C. in the Court of Civil Judge, Hajira on 16-10-2009, stating therein that petitioners and pro forma respondents are co-sharers in the suit-land. Alongwith the application, an application for grant of temporary injunction was also made. The learned Civil Judge, Hajira rejected the application for interim injunction vide order dated 8-6-2010. Feeling aggrieved from the aforesaid order, Muhammad Shafique and others filed an appeal before the learned Additional District Judge, Hajira. The learned Additional District Judge accepted the appeal and granted the interim injunction for a period of 6 months or till decision of the case whichever occurs earlier. Respondents filed revision petition before this Court for setting aside the order passed by the learned Additional District Judge, which was dismissed as being infructuous vide order dated 13-1-2012 on the ground that the period of 6 months had already elapsed. Thereafter, the petitioners moved another application before the learned Civil Judge,…
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