Law:

Section:

Partition Act (IV of 1893)--------- ----------S. 4---------Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---------Suit for partition---------Temporary injunction, grant of---------Scope---------Interim relief was granted to the extent of raising construction over the suit property till it was partitioned or six months whichever was earlier---------Validity---------Partition was the only solution for a co-owner to use and possess the exclusive ownership over a specific portion of land---------Trial Court was directed to dispose of the present suit within six months---------Revision was dismissed in circumstances. 2016 CLC 176 distinguished. 1989 SCMR 130; 1996 CLC 275(a) and 1999 CLC 598 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD GHAZANFAR KHAN, JUSTICE: ------------ Through the instant petition, the petitioners have called in question the order dated 10.11.2015 rendered by learned District Judge, Tank whereby the appeal filed by petitioners against the order dated 30.7.2015 of learned Senior Civil Judge, Tank was dismissed. 2. In essence, respondents Nos.1 to 7 filed a suit against petitioners and proforma respondents for partition, declaration and perpetual injunction in respect of a plot fully mentioned in the heading of plaint. Along with the plaint, they filed an application for temporary injunction. After hearing the arguments, the learned Senior Civil Judge, Tank allowed the application by restraining the petitioners and proforma respondents from making any kind of construction or changing the nature of the suit land for a period of six months or till the final decision of the case, whichever is earlier in time, vide order dated 30.7.2015. 3. Aggrieved from the order dated 30.7.2015, the petitioners filed an appeal which was dismissed by learned District Judge, Tank vide order dated 10.11.2015, hence the instant revision petition. 4. Learned counsel for the petitioners argued that the orders of both the Courts blow granting interim injunction in favour of respondents Nos.1 to 7 is beyond jurisdiction and scope of both the Courts below and the orders amount to perpetuate an illegality. He further argued that element of prima facie case, balance…

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