Law:

Section:

Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 4---Constitution of Pakistan, Art.203-D---Specific Relief Act (I of 1877), Ss.42, 8 & 54----Suit for declaration, possession and perpetual injunction on basis of inheritance---Right of grand children to inherit through predeceased father---Permissibility---Powers, jurisdiction and functions of courts---Suspension of a decision by Supreme Court---Effect---Plaintiffs filed the suit claiming that they, being grand children of deceased, were entitled to their respective shares in his legacy---Trial court decreed the suit; and appellate court dismissed appeal---Plaintiffs took plea that Supreme Court in appeal, had suspended operation of and decree whereby provision of S.4 of Muslim Family Laws Ordinance, 1961 had been declared against Injunctions of Islam by Federal Shariat Court---Held, that plaintiffs were admittedly grand children of deceased---Decision of Federal Shariat Court would not take effect before disposal of said appeal pending before Supreme Court---Provision of S.4 of Muslim Family Laws Ordinance, 1961 would remain automatically operative until said appeal was disposed of by Supreme Court---Impugned and decree passed by courts below were in accordance with law---Revision petition was dismissed. 2005 CLC 1240 and PLD 2003 SC 475 rel. JUDGMENT MOHAMMAD GHAZANFAR KHAN J.--- Through the instant civil revision under section 115 of the Code of Civil Procedure, petitioners have impugned the judgment and decree dated 24.5.2011, rendered by learned Additional District Judge-V, D.I.Khan, whereby the appeal filed against the judgment and decree dated 31.1.2011 passed by learned Civil Judge-V, D.I.Khan, was dismissed. 2. The brief facts giving rise to the instant revision petition are that respondents filed a suit against the petitioners for declaration-cum-perpetual injunction against the petitioners and others to the effect that they are grandchildren of deceased Ghulam Muhammad and are entitled for their share/shares in the legacy of deceased Ghulam Muhammad; that inheritance mutation Nos.1118 attested on 24.4.2002 and 826 attested on 17.5.2003 were wrongly attested in favour of defendants; that they…

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