| Citation(s) |
|---|
| 2015 SLG 2164 2015 SLD 2164 2015 YLR 1755 |
Sindh High Court
Mansoor-ul-Arfin for Plaintiff. Khurram Rasheed forDefendant. Arshad M. Tayebaly for Defendants Nos. 1, 3 and4. Nemo for Defendant No. 5
SYED SAEED-UD-DIN NASIR, J
Mansoor-ul-Arfin for Plaintiff. Khurram Rasheed for Defendant. Arshad M. Tayebaly for Defendants Nos. 1, 3 and 4. Nemo for Defendant No. 5
Mansoor-ul-Arfin for Plaintiff. Khurram Rasheed forDefendant. Arshad M. Tayebaly for Defendants Nos. 1, 3 and4. Nemo for Defendant No. 5
SYED SAEED-UD-DIN NASIR, J
Mansoor-ul-Arfin for Plaintiff. Khurram Rasheed for Defendant. Arshad M. Tayebaly for Defendants Nos. 1, 3 and 4. Nemo for Defendant No. 5
Mrs. SAMIA AAMIR--PlaintiffvsMst. SALMA NILOFAR and 4 others----Defendants
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2 & O. XX, R. 13---Administration suit---Temporary injunction, grant of---Scope---Controversy was as to which properties would belong to the plaintiff and which did not, and in which property the plaintiff and defendants were entitled to get their shares---Such matter could only be decided on leading evidence by the parties---Application for grant of temporary injunction was allowed and defendants were restrained from selling, alienating, disposing of and creating third party interest in the movable and immovable properties including the shares in the company during the pendency of suit till final decision. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Administration suit---Scope---All properties could be included in the suit for administration if there was allegation against such properties that same were benami and were purchased by the deceased with his own funds. ORDER SYED SAEED-UD-DIN NASIR, J.---By this common order I intend to dispose of all the listed applications filed on behalf of the plaintiff. 2. This is an application (CMA No.9585 of 2009) under Order XXXIX Rules 1 and 2 read with Section 151, C.P.C. through which the plaintiff seeks interim injunction restraining the defendants, their agents, servants, employees, and or anybody else claiming or acting through or under them from transferring, alienating, mortgaging, disposing of and/or dealing with the immovable and movable properties or the accounts, as shown in Schedules A, B, and C and/or to create third party interest therein in any manner whatsoever till decision of the suit. It is the case of plaintiff that the plaintiff's father, namely, Muhammad Wali Imam died at Karachi on 13-12-1998 leaving behind the (1) plaintiff (daughter), (2) defendant No.1 (widow), (3) defendant No.2 (son) and (4) defendant No.3 (daughter). Learned counsel for the plaintiff contends that late father of the plaintiff left behind considerable movable and immovable properties either in his own name or as Benami in the name of his widow, the defendant No.1, his son, the defendant No.2, defendant No.4 being son-in-law and husband of…