Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Law: Specific Relief Act, 1877

Section: 54

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S. 54---Suit for permanent injunction--- Joint property--- Co-sharers---Temporary injunction, grant of---Scope---Parties were co-sharers in the joint khata regarding which partition proceedings were pending before Revenue forum---Plaintiff having concealed said facts from the Court had not approached the Court with clean hands---Plaintiff in such eventuality and circumstances could not ask for restrainment of defendant from alienating their share in the suit property---Plaintiff had no prima facie case and balance of convenience in his favour---No irreparable loss would cause to the plaintiff if temporary injunction was not granted---Each co-sharer in the joint property would get his due share in accordance with his entitlement---Both the Courts below had correctly appreciated the material available on record for not granting temporary injunction---No illegality or irregularity had been pointed out in the concurrent findings recorded by the Courts below---Revision was dismissed in limine. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- The instant revision petition under section 115 of Civil Procedure Code, 1908 is directed against the judgment and order dated 06.04.2017 of learned Additional District Judge-I, Mansehra, whereby, appeal filed by the petitioner/ plaintiff against the judgment and order dated 19.01.2017 of Civil Judge-V, Mansehra, was dismissed. 2. The brief and essential facts leading to institution of the instant revision petition are that the petitioner/plaintiff instituted a suit for permanent cum mandatory injunction against the respondents/defendants to the effect that they be restrained from taking forcible possession of the property, fully described in the heading of the plaint, situated in Mauza Lachi Mang, Tehsil and District Mansehra, making construction thereon, alienating it to any person in any manner whatsoever, changing its nature, cutting standing trees therein, interfering in the share of the petitioner/plaintiff or any act affecting his rights, with prayer for possession of the property by demolition of construction…

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